Martin Partington: Spotlight on the Justice System

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.

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.

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.