Martin Partington: Spotlight on the Justice System

So the Legal Services Commission has finally closed to be replaced by the Legal Aid Agency. At present, little information about the new agency is available. Its website currently sets out its priorities and its senior management team.

Readers will be kept in touch with developments as they arise.

To find the current offering from the agency, visit http://www.justice.gov.uk/about/laa

The Ministry of Justice has announced that it is reviewing the use of simple cautions, in the light of evidence suggesting that some serious and serial offenders are being cautioned when they should be brought before the courts.

Unusually, this review is not it seems accompanied by any consultation document, though this may be published later. There is a press announcement available at http://www.justice.gov.uk/news/press-releases/moj/cautions-for-serious-and-repeat-offenders-under-review

The Solicitors Regulatory Authority published a report in January 2013 on progress with ABS during its first year. This shows that the pace of applications for and approvals of ABS licences has quickened. Of the 70 or so approvals granted by January 2013, 40 were approved over the months before that date.

Evidence that the approval rate is not slackening can be seen in the announcement at the beginning of March 2013 of the licence granted to BT Law Ltd. This is stated to bring the total of approvals to over 100.

Information from the SRA is at http://www.sra.org.uk/sra/news/press/abs-one-year-on.page

Information about BT Law Ltd is at http://www.btplc.com/news/articles/showarticle.cfm?articleid={2a29c4bb-5c5b-4ef3-861f-7c00a0c6653b}

The full register of ABS approvals is at http://www.sra.org.uk/absregister/

The third report on the implementation of Law Commission reports was published in January 2013. It makes pretty sorry reading.

It is noted that “the new House of Lords procedure for Law Commission Bills is proving to be effective in implementing uncontroversial changes. The Consumer Insurance (Disclosure and Representations) Act received Royal Assent in March 2012 and the Trusts (Capital and Income) Bill completed its passage through Parliament on 7 January 2013, both of which followed the new procedure.”

But apart from these triumphs, the report also states that while “Considerable progress has been made by the Government in taking forward many of the Law Commission’s recommendations during the reporting period …it has  unfortunately not been possible to complete the implementation of any of the Commission’s reports since the previous report to Parliament.”

The only piece of good news is that the report also states that no Commission reports have been rejected.

The Government’s excuse is that it has to focus on dealing with economic matters, and therefore this reduces the priority for law reform. But this argument does not consider whether there may be economic savings to be made if the law was made more rational. There must surely be a limit to the ability of Governments to praise the quality of Law Commission work, and make so little response to it?

The full report (and it is not long) is at http://www.justice.gov.uk/downloads/publications/corporate-reports/MoJ/law-commission-proposals-report.pdf

When the Legal Services Commission was created, legal aid was technically replaced by the Community Legal Service and the Criminal Defence Service. The abolition of the LSC, from 1 April 2013, is leading to some significant ‘rebranding’. This note summarises the changes, and updates the text in my book which is now out of date.

1. The Legal Services Commission becomes the Legal Aid Agency on 1 April 2013 .
2. Community Legal Service (CLS) will be referred to as civil legal aid from 1 April 2013.
3. Criminal Defence Service (CDS) will be referred to as criminal legal aid from 1 April 2013.
4. Community Legal Advice will be renamed as Civil Legal Advice from 1 April 2013. It will have the strapline: ‘Civil Legal Advice, a national adviceline for England & Wales, paid for by Legal Aid’.
5. CDS Direct will be renamed as Criminal Defence Direct (CDD) from 1 April 2013.

See http://www.justice.gov.uk/legal-aid/newslatest-updates/crime-news/what-happens-to-lsc-logos-in-april-2013

The Government has just published a consultation paper on how youths detained in custody should be handled. While the total numbers of such youths have declined in recent years, those that remain detained have very high rates of re-offending and do a lot of damage to the communities in which they live.

Government figures show:

1. In the 12 months to June 2012, 3,645 of all young offenders sentenced received a custodial sentence, 94% of whom were boys. Over half of these were 17 years old.
2. According to the latest reoffending statistics for 2011/12, 73% of young offenders reoffended within a year of leaving custody, compared to 47% of adults leaving custody.
3. The youth secure estate currently consists of three different types of detention including Young Offender Institutions (YOIs), Secure Training Centres (STCs) and Secure Children’s Homes (SCHs).  In 2012/13 the Youth Justice Board expects to spend approximately £245 million on the detention of young offenders:
   • A place in a Secure Children’s Home costs an average of £212,000 per annum
   • A place in a Secure Training Centre costs an average of £178,000 per annum
   • A place in a Young Offender Institution costs an average of £65,000 per annum.
4. YOIs are contracted to deliver 15 hours of education per week, though this is not frequently achieved.  Of 15-17 year olds entering YOIs, half were assessed as having the literacy levels of a 7-11 year old; of 15-17 year olds 88% of young men and 74% of young women had been excluded from school. 18% of young people in custody (under sentence) had a statement of special educational needs, compared to 3% in the general population

The Government rightly regards this as unacceptable. In this new Consultation Paper, the Government seeks views on its idea that education should be placed at the heart of the managements of young offenders. While educational opportunities are already available in young offender institutions, the Government argues that education should be at the centre of the philosophy and practice relating to the treatment of young offenders.

Of course, the Government hopes that a new approach might also save money. But where costs currently run at up to over £200,000 a year to manage someone with a very high risk of reoffending, what is currently on offer does not look like value for money.

The Consultation runs until the end of April 2013. It is not yet clear exactly what shape final reform will take. much will depend on whether these proposals are seen as ‘soft on crime’ or bringing new discipline to often rather chaotic and unhappy lives.

I think the Government makes a persuasive case for change. What do you think? To read the consultation go to https://consult.justice.gov.uk/digital-communications/transforming-youth-custody

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