Posts Tagged ‘tribunal reform’
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
i. Streamlining procedures and encouraging a balanced approach: We areworking to simplify our procedures and put entire services online wherepossible, carefully designed to be intuitive and easy to follow. Many relativelystraightforward tribunal decisions do not require full physical hearings, so whereappropriate, judges will be making decisions based on written representations,hearings will be held over telephone or video conference and specially trainedcase officers will help cases progress through the system. All of these changeswill make the process quicker and easier to deal with for all parties involved in acase.ii. Digitising the Social Security and Child Support Tribunal: This will be one of thefirst services to be moved entirely online, with an end-to-end digital process thatwill be faster and easier to use for people that use it.iii. Simplifying panel composition: Another factor in taking a balanced, tailoredapproach to tribunal cases is making sure the panels that make decisions intribunals are designed to best suit the circumstances of the case. Most tribunalscurrently reflect historic arrangements that may be out of date and do not tailorthe expertise of the panel according to the case. We propose to revise thecurrent arrangements for setting panel composition to make sure that thatappropriate expertise is focussed on those cases that need it. We wouldwelcome views on how best to achieve this.iv. Reforming employment tribunals: The Employment Tribunals deal with a hugevolume of claims every year – c. 83,000 in 2015/16. They work on similarprinciples to many other tribunals and the civil courts, but currently have anentirely separate structure, including a specific appeals tribunal. We areconsidering whether the new approaches being adopted elsewhere in thejustice system could be applied to the employment jurisdiction.
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 andseriousness 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 timedealing with uncontroversial, routine or straightforward matters which could just aseffectively be dealt with by court staff under judicial authorisation. Where it isappropriate, specially trained staff will be able to carry out some of this work tohelp justice move faster.ii. More decisions made “on the papers”: Where a case is relatively straightforward orroutine, representations will be made online in writing for a judge to consideroutside 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 theirarguments, it will be possible in many cases to hold the hearings over telephone orvideo 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 trialsand other serious or complex cases, but where they are appropriate, virtualhearings offer an easy and convenient alternative for everybody.iv. More cases resolved out of court: In appropriate cases, we will encourage partiesto settle their disputes themselves, without the intervention of the courts.
i. Putting probate applications online: Dealing with probate affairs can be difficult andcomplicated at a time when people are often coping with bereavement. We aredigitising the probate system to allow the entire process to be managed online,from application to resolution, making it an easier and faster process when casesare uncontested.ii. Managing divorce online: Work has already begun to allow divorce applications tobe made and managed online, removing some of the bureaucracy from oftenstressful and lengthy proceedings and simplifying cumbersome administrativeprocesses.iii. Digitising applications for Lasting Powers of Attorney: Allowing people to makearrangements for a time in the future when they may not be able to makedecisions by themselves is a helpful but often emotionally stressful process.Applications have been partially digitised since 2014, resulting in fewer applicationforms being returned because of errors. We will build on this by making the systemfully digital to deliver a quicker service.
i. Provide a system that works for everyone: Digital and online processes are easyand efficient for many people, but the justice system must also work for peoplewho do not or cannot access services online. We must provide an alternative routeof access for every service that moves online. ..ii. Continue to ensure open justice: It is a core principle of our justice system thatjustice is open. “It is not merely of some importance, but of fundamentalimportance that justice should not only be done, but should be manifestly andundoubtedly seen to be done,” as Lord Chief Justice Hewart said in 1924. Theprinciple of open justice will be upheld and the public will still be able to see andhear real-time hearings, whilst we continue to protect the privacy of the vulnerable.