Modernising Justice Summary
| 5.1 |
The Government is taking a positive approach to tackling crime. Those
who break the law deserve swift and appropriate punishment. But we also
need to look at the reasons why people turn to crime - why they reject
the standards of society and become alienated from their communities.
So our approach is not confined simply to traditional law and order issues,
like the role of the police, the courts and prisons. It is also about
jobs, housing, education and health care. The Crime and Disorder Act 1998
brought in new measures to prevent offending by children and young people.
We also plan to introduce youth offender panels, so that the court can
actively involve young offenders, parents and communities in the punishment
and reintegration of young offenders.
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| 5.2 |
Later this month, the Government will publish a White Paper, setting
out its long term strategy for tackling crime and its causes more generally.
As part of this strategy, we are embarking on a comprehensive programme
for modernising the criminal justice system, and ensuring it is planned
and managed in a more coherent and co-ordinated way. That programme is
the joint responsibility of the Home Secretary, the Lord Chancellor and
the Attorney General. This chapter sets out those parts of the programme
which affect the operation of the criminal courts. In particular, it describes
our plans to reduce delay in criminal cases, and modernise the structure
and organisation of the Magistrates' Courts Service, and the way in which
the Crown Court works.
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| Criminal Justice System
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| 5.3 |
The criminal justice system is made up of several different agencies,
including: the police; the Crown Prosecution Service (CPS); the magistrates'
courts, which deal with about 97% of criminal offences prosecuted in England
and Wales; the Crown Court, which hears the most serious cases; the Legal
Aid Board; the Probation Service; and the Prison Service. The system as
a whole costs about £11 billion a year.
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| 5.4 |
The Government's aims for the criminal justice system are to reduce
crime and the fear of crime, and their social and economic costs; and
to dispense justice fairly and efficiently, to promote confidence in the
rule of law.
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| 5.5 |
To achieve this aim, we intend to modernise the criminal justice system,
to:
- eliminate unnecessary delays.
- improve services to victims and witnesses.
- enable the sentences of the courts to be enforced more effectively.
- ensure that the system works as a coherent whole, and that its component
parts are managed efficiently.
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| Reducing delay
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| 5.6 |
As promised in our Manifesto, the Government has made reducing delay
in the criminal justice system a key priority. In particular, we have
set a target of halving the time taken to deal with cases involving persistent
young offenders, and promoted fast-track schemes for these cases.
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| 5.7 |
Mainly through the Crime and Disorder Act, the Government has introduced
radical measures to deal with cases more quickly. These measures involve
co-operation between the different parts of the criminal justice system
at every stage. They include:
- Crown Prosecutors 'on call' outside normal working hours,
including at night, to advise the police on appropriate charges, and
so ensure that no time is lost.
- early hearings in the magistrates' court, usually a day or two after
someone has been charged. Defendants pleading guilty will be dealt with
straightaway at an 'early first hearing'. Other cases will go to an
'early administrative hearing' before a single magistrate or a justices'
clerk, who will be able to deal with preliminary matters (either straightaway
or at a later preliminary hearing), and do as much as possible to ensure
the case is ready for trial.
- a streamlined procedure for sending cases, which have to be tried
there, to the Crown Court, as soon as the magistrates' court has dealt
with any preliminary issues.
- these measures will be reinforced in due course by new statutory time
limits for the various stages of proceedings.
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| 5.8 |
The first two measures are currently being piloted in six areas of England
and Wales. The Government expects to adopt these changes nationwide from
October 1999. The third measure is due to be introduced in the pilot areas
in January 1999; followed by pilots of time limits.
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| Victims and witnesses
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| 5.9 |
Witnesses play a central role in the criminal justice system. But involvement
with the courts is a difficult experience for those not used to it. If
people are to be encouraged to act as witnesses, we need to do as much
as possible to reduce the stress of appearing at court. There is already
a Government-funded witness service in the Crown Court, run by Victim
Support, which provides practical advice and assistance. The Government
is also committed to improving witness services in the magistrates' courts,
reflecting the importance we attach to the welfare of witnesses in the
criminal courts.
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| 5.10 |
In June 1998, the Government published for consultation a report on
ways of protecting vulnerable or intimidated witnesses29.
This made 78 recommendations, including measures to:
- identify and protect witnesses who may be at risk of intimidation.
- provide support for vulnerable and intimidated witnesses during the
investigation and preparation for trial.
- assist vulnerable or intimidated witnesses at the trial.<\<>p<\>>
We have already announced that we intend to legislate to implement those
measures that require statutory force, and will make a further announcement
about the other recommendations shortly.
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| Effective sentencing
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| 5.11 |
If the criminal justice system is to command the confidence of law-abiding
people, and help reduce crime, the courts must be able to impose sentences
which are effective, not only in punishing the criminal, but also in reducing
the risk of re-offending, helping to deter other potential offenders,
and where necessary protecting the public. The Government has implemented
parts of the Crime (Sentences) Act 1997 to provide stricter punishment
for serious and repeat offenders. We are consulting on strengthening the
courts' powers to confiscate criminals' assets to deprive them of the
profits of their crime30. The Crime and Disorder
Act will promote greater consistency in sentencing through the development
of further guidelines by the Court of Appeal. These will take account
of the effectiveness of different types of sentence in preventing re-offending.
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| 5.12 |
But the penalties imposed by the courts will only be taken seriously
if they are effectively enforced. This is especially true of non-custodial
penalties, like fines and community sentences (for example, probation
or community service orders). Rigorously enforced, these are effective
and inexpensive ways of dealing with offenders. But if the enforcement
of fines and community sentences is weak or patchy, the guilty are able
to escape unpunished, and the criminal justice system is brought into
disrepute. Without effective non-custodial options, the courts would have
to send many more people to prison, which would be very costly for the
taxpayer31.
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| 5.13 |
The police are currently responsible for arresting fine defaulters and
people who breach community sentences. But executing warrants is not a
high priority for the police, and takes resources away from their main
task of fighting crime. The Government believes the system will be more
effective and efficient if the magistrates' courts take over responsibility
for this work from the police32. To enable
the courts to do so, we intend to give civilian enforcement officers and
private enforcement firms, employed by the courts for the purpose, wider
and clearer powers to execute warrants. The courts will be expected to
give a high priority to the prompt and efficient enforcement of the penalties
they impose. As a result, more money - including compensation for the
victims of crime - will be collected; and community service dodgers will
be brought promptly to account.
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| A more coherent Criminal Justice System
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| 5.14 |
In the past, it has been suggested that the criminal justice system
is not a single system at all. As part of our commitment to 'joined-up
Government', we are determined to ensure that this can never be said again.
In July 1998, the Government announced new co-ordinated planning arrangements
for the criminal justice system. These provide for:
- clear aims for the system as a whole (paragraph 5.4).
- the publication of 3-year strategic plans, detailed annual business
plans, and annual reports on the system's performance against its objectives.
- improved co-ordination across the system, by integrating information
technology and other systems.
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| 5.15 |
To support these arrangements, the Government is developing a more coherent
geographical structure for the criminal justice system, with boundaries
which are the same as, or relate sensibly to, those of other agencies.
We are re-organising the Crown Prosecution Service into 42 operational
units with the same boundaries as police areas; and have published proposals
to restructure the probation service in the same way33.
We are proposing to change the regional organisation of the prison
service, so that its boundaries do not cut across those of the 42 smaller
units.
We are moving towards a structure for the Magistrates' Courts Service,
with fewer, larger units than now, sharing common boundaries with the
other agencies (see paragraph 5.19).
- We are also considering whether the organisation of the Crown Court
needs to change. Any proposals to change Circuit boundaries would,
of course, be subject to consultation with all interested parties.<\<>p<\>>
Aligning boundaries will enable the various criminal justice agencies
to co-operate more effectively, and ensure that new policies are implemented
coherently and consistently.
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| 5.16 |
The Government's programme includes reforms to enable the criminal justice
agencies to co-operate with one another more effectively; and to ensure
that the individual agencies are managed efficiently and provide an excellent
service to the public. Paragraph 5.15 refers to our proposals for reforming
the prison and probation services. The Crown Prosecution Service has recently
undergone a major review of its management and organisation34.
Among other things, this recommended greater co-ordination between the
courts and the CPS over listing cases for trial. We are considering how
that might be done. The rest of this chapter explains our proposals for
the magistrates' courts and the Crown Court.
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| Modernising the Magistrates' Courts
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| Local justice in a national framework
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| 5.17 |
It is an important principle, which the Government fully supports, that
magistrates' courts should provide local justice dispensed by local people.
But they must do this within a national framework. We are determined to
create a modern structure, providing the right local management within
a national framework. This will enable the courts to play their part in
a co-ordinated criminal justice system as a whole, better able to deliver
our promise to reduce delay throughout the system.
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| 5.18 |
Magistrates' courts are run by local committees. These are almost entirely
made up of local lay magistrates, who work, unpaid, to improve the administration
of the courts. There are currently 96 Magistrates' Courts Committees (MCCs)
in England and Wales, covering very different geographical areas.
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| 5.19 |
The Government believes there should be fewer, larger MCC areas, providing
a more consistent basis for the management of the courts. In a report
published in October 1997, the Chief Inspector of magistrates' courts
took the same view35. In his first 18 months
in office, the Lord Chancellor signed six amalgamation orders, affecting
a total of 24 MCCs. Four of these amalgamations, including that of the
seven MCCs in the West Midlands, take effect on 1 April 1999; the other
two in April 2000. There are likely to be more amalgamations, taking effect
in either 2000 or 2001. The Government will also be creating a new magistrates'
courts authority to meet the needs of the citizens of London as a whole.
We intend to publish a Consultation Paper about the details in the new
year.
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| 5.20 |
Magistrates' courts are constrained by another set of boundaries, those
of 'commission areas'. Magistrates are appointed to a particular commission
area, on the basis that they live in or within 15 miles of it, and may
not usually sit in another area. Also, most summary offences must be tried
in the commission area where the alleged offence took place. An MCC that
covers two commission areas cannot transfer magistrates or cases between
them.
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| 5.21 |
The Government believes that commission areas should generally correspond
to MCC areas; and we intend to take flexible powers to bring this about.
Changing some existing commission area boundaries will mean that cases
can be heard in a court which is geographically more convenient; and MCCs
will be able to allocate cases, and deploy magistrates, between the courts
in their area more effectively and efficiently. We also intend to take
powers to allow summary cases to be transferred between commission areas
in exceptional circumstances.
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| 5.22 |
Most MCC areas are broken down into smaller areas, called petty sessional
areas or divisions. These are the benches, the basic unit of local court
organisation. At the moment, the size and extent of petty sessional divisions
are restricted by reference to certain local authority boundaries. This
means, for example, that the newly-amalgamated West Midlands MCC must
retain seven petty sessional divisions. As a result, the full benefits
of amalgamation may not be realised. The Government intends to redefine
the basis of these units, and allow MCCs to decide the most appropriate
and efficient structure for their area.
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| Stipendiary Magistrates
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| 5.23 |
Stipendiary magistrates are professional judges, available to complement
and support the work of the lay magistrates36.
At present, they are appointed either to London or to a particular commission
area outside London. Following consultation37,
the Government has decided that these judges should be able to sit in
any magistrates' court in the country. This will give flexibility to deploy
them where they are most needed. We have also decided to change the title
of stipendiary magistrates, to reflect their status as professional judges.
In future, they will be called District Judges (Magistrates' Courts).
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| Better management
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| 5.24 |
The Government wants to improve the management of magistrates' courts,
and the legal support given to lay magistrates, by making a clearer distinction
between the two functions. Those advising magistrates need to be able
to concentrate upon this important function. Equally, managing a modern
magistrates' courts service requires dedicated and skilled administrators,
who are fully engaged on that task. We have recently published a Consultation
Paper about where to draw the line between these roles38;
and where appropriate will redefine the respective statutory responsibilities
of Justices' Clerks and Justices' Chief Executives.
- Most cases in magistrates courts are heard by magistrates
who are not qualified lawyers. They rely heavily on the legal advice
of Justices' Clerks and their deputies, acting as court clerks. Justices'
Clerks are all legally qualified. Following consultation39,
the Government has decided that all magistrates' court clerks should
be professionally qualified as a barrister or solicitor. This requirement
will apply to new appointments from January 1999; existing clerks will
be given adequate time to acquire the necessary qualifications.
- The Justices' Chief Executive supports the MCC in planning and managing
the efficient and effective administration of the courts in its area.
Some Justices' Chief Executives are also Justices' Clerks. Last year,
we decided that these 'dual appointments' should only be made in exceptional
cases. This will allow Justices' Clerks to concentrate on their legal
work; and Justices' Chief Executives on management. We also intend to
abolish the requirement for Justices' Chief Executives to be legally
qualified. This will widen the field of applicants to include specialists
in management and administration, ensuring the best possible people
can be recruited to these important jobs.
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| 5.25 |
As part of the national framework, the Government will set common performance
standards for magistrates' courts, and require MCCs to work with the other
criminal justice agencies towards common objectives.
- In February 1998, we set the first performance standards
for magistrates' courts. We intend to set more targets, including targets
for reducing delay and improving the collection of fines. We will require
each magistrates' court to have a Charter covering waiting time on the
day, facilities for disabled court users, and the provision of separate
waiting areas for victims, witnesses and defendants. We will also develop
a measure of overall user satisfaction.
- From 1998-99, each MCC will be required to produce an annual report
covering specified items, including performance and finance. The Lord
Chancellor issued guidance to MCCs on the contents of reports in October.
- We are developing a new formula for allocating funds to MCCs. This
will distribute grant more fairly, promote efficiency and good performance,
and provide a sound basis for planning. It will be used to allocate
funding for the financial year 2000-01.
- We are negotiating a national framework contract to procure standard
IT services for all magistrates' courts. The new system will provide
links between the courts and the other agencies in the criminal justice
system, to improve the speed and quality of information across the whole
system.
- Modern courts need modern facilities - for example, to meet the needs
of disabled people. The Government is supporting projects which will
provide 21 new or substantially refurbished magistrates' court buildings.
We also plan to make better use of central and local taxpayers' money,
through the shared use of Court Service and the magistrates' court buildings.
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| 5.26 |
In many cases, MCCs will be better able to meet the standards required
by the national framework, and contribute towards the common objectives
of the criminal justice system, if they all use the same systems. Similarly,
MCCs will sometimes be able to obtain better value for money, by working
together to purchase common services, provided to national standards.
So the Government intends to ensure that, where appropriate, all MCCs
use the same systems and services.
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| The Crown Court
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| 5.27 |
The Government is making three major changes affecting the Crown Court.
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| 5.28 |
First, we intend to end the requirement for lay magistrates to sit as
judges on cases committed by a magistrates' court to the Crown Court for
sentence. This will help reduce delay in some cases, and make better use
of the time of both magistrates and judges. In August, we published a
Consultation Paper about the role of magistrates in the Crown Court40.
Most of those who responded were in favour of ending the requirement for
magistrates to sit on committals for sentence. This is no longer appropriate,
because many cases now sent up to the Crown Court for sentence are far
more serious than those which magistrates normally handle. This argument
does not apply when a defendant appeals to the Crown Court against a conviction
or sentence imposed by a magistrates' court. We have therefore decided
that magistrates should continue to sit on appeals to the Crown Court
(including appeals against licensing decisions).
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| 5.29 |
Second, we are reviewing the way in which major fraud trials are conducted.
These tend to be the longest and most expensive cases heard in the Crown
Court. In February, we published a Consultation Paper about possible alternatives
to jury trial in these cases41. We are still
considering the responses to this consultation. In May 1998, we announced
a review of pre-trial procedures to see if serious fraud cases can be
managed more effectively. This is considering the procedures for sending
cases to the Crown Court for trial, preparatory hearings, and case management.
The review will be completed early next year.
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| 5.30 |
Finally, we are embarking on a programme of change to improve standards
of service to those who use the Crown Court, and to introduce new and
more efficient processes for dealing with cases. Under these proposals,
announced in November 1998:
- new, dedicated teams of staff will work with the judges to
ensure that cases are ready for trial as soon as possible, and that
potential problems are quickly identified and resolved. The Court Service
will work with the judges, and the other criminal justice agencies,
to develop protocols listing the steps which the parties must take to
prepare for trial, and setting timetables and standards of performance;
and to identify effective sanctions to enforce those protocols.
- electronic data links are being developed, which will put the court
in immediate contact with the police, the CPS and others, so the different
agencies can work together to ensure that cases run smoothly. This will
result in more immediate access to information, for example providing
earlier notice of hearing dates. Electronic diary systems will enable
cases to be listed for trial more efficiently. Meanwhile, in the courtroom,
staff will support the judge with an on-line computer system, holding
details of each case. Judicial orders will immediately be entered into
the system, and passed electronically to the police, the lawyers in
the case, and the prison service.
- there will also be new teams of court staff dedicated to customer
service, who will assist witnesses, jurors, lawyers and defendants when
they arrive at court, and explain what is going to happen. New technology
will enable court staff to take court users' details quickly, and direct
people to the right courtroom. Information from the computer system
will confirm that the parties are present and the case is ready to go.
Information screens outside each courtroom will keep witnesses and the
public informed about the progress of the trial. Witnesses who are unable
to travel will be able to give their evidence by video link.
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| 5.31 |
These changes will be in place in all Crown Court centres within the
next four years. Implementation will be phased, so some elements will
be introduced much sooner than that. Because it will lead to greater efficiency,
the programme will be self-financing. For example, the earlier identification
of cases that cannot go ahead as planned will save costs for legal aid,
the courts, and the other criminal justice agencies. It will also mean
that fewer witnesses are put to the inconvenience and cost of attending
court unnecessarily.
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| 5.32 |
When the programme is complete, the Crown Court will provide a much
better service to all involved in the criminal justice system, and do
so more efficiently than its current systems allow. Courtrooms will be
in constant use, dealing with trials for which both the prosecution and
defence are fully prepared. Witnesses and lawyers will know when they
are needed at court, and will not turn up to find their case has been
postponed. The various criminal justice agencies, and the judges, will
work together with the most modern technology. It will be truly 'joined-up',
and 'wired-up', Government.
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Changes to the law
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| 5.33 |
The law needs to be changed to give effect to some of the changes
described in this chapter. The Government intends to:
- enable the magistrates' courts to take over responsibility
from the police for executing warrants against fine defaulters
and people who breach community sentences (paragraph 5.13). This
involves extending and clarifying the kinds of warrants that civilians
may execute, and the circumstances in which they may do so.
- give the Lord Chancellor power to make Orders redefining commission
area boundaries (paragraph 5.21). At present, it needs an
Act of Parliament to change commission area boundaries. We will
also take power to transfer cases between commission areas in
exceptional circumstances.
- redefine the basis for petty sessional areas and divisions,
breaking the link with local authority boundaries, freeing MCCs
to adopt any internal structure (paragraph 5.22); and to remove
inconsistencies in the way that MCCs in different parts of the
country are constituted.
- replace the Metropolitan and Provincial stipendiary magistrates
with a single, unified Bench, with the title District Judge (Magistrates'
Court) (paragraph 5.23). They will be headed by a Senior District
Judge (Chief Magistrate), who will have flexible powers to deploy
the judges where they are needed.
- remove the requirement for Justices' Chief Executives to have
the same legal qualification as Justices' Clerks (paragraph 5.24).
At the same time, we will make Justices' Chief Executives responsible
for certain administrative tasks, for example collecting and accounting
for fines and fees, which are currently the responsibility of
Justices' Clerks. This will help clarify the distinction between
legal and administrative roles.
- give the Lord Chancellor power to require MCCs to adopt common
systems or services (paragraph 5.26).
- end the requirement for lay magistrates to sit as a judge on
cases committed to the Crown Court for sentence (paragraph 5.28).
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| 5.34 |
We also intend to change the law to provide that:
- judicial review cases about a criminal matter, and
appeals to the High Court 'by way of case stated', can be heard
by a single judge. At present, these cases, unlike civil judicial
review cases, must be heard by at least two judges. This change
will help to ensure that judges can be deployed in a flexible
way that reflects the importance and complexity of individual
cases.
- the powers of the High Court to deal with appeals by way of
case stated from the Crown Court are specifically reflected in
statute. This implements a recommendation made by the Law Commission42.
- so long as they acted in good faith, magistrates and Justices'
Clerks cannot be ordered to pay legal costs in a court case about
how they exercised their judicial functions. This will give magistrates
similar protection to professional judges. The change will also
apply to coroners, General Commissioners for Income Tax, and their
clerks.
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References
| 29
| Speaking up for Justice, Home Office, June 1998.
|
| 30
| The Home Office Working Group on Confiscation. Third Report:
Criminal Assets, Home Office, November 1998.
|
| 31
| On average, it costs £24,271 to keep someone in prison for
a year; compared to £2,369 for a probation order and £1,770 for a community
service order.
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| 32
| In 1996-97, the courts imposed over one million fines, totalling
£144 million. In the same period, unpaid fines to the value of £52 million
had to be written off. Through this reform, we intend to increase the
proportion of fines collected by at least 5%.
|
| 33
| Joining forces to protect the public. Prisons-Probation,
Home Office, August 1998.
|
| 34
| The Review of the Crown Prosecution Service. A Report,
HMSO, June 1998.
|
| 35
| Magistrates Court Service Inspectorate. Annual Report
1996-9, Lord Chancellor's Department, October 1997.
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| 36
| There are currently 91 full-time Stipendiary Magistrates.
|
| 37
| Unification of the Stipendiary Bench: Consultation Paper,
Lord Chancellor's Department, April 1998.
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| 38
| The Future Role of the Justices' Clerk, Lord Chancellor's
Department, September 1998.
|
| 39
| Professional qualification of court clerks in the magistrates'
courts, Lord Chancellor's Department, March 1998.
|
| 40
| Magistrates Sitting As Judges in the Crown Court, Lord
Chancellor's Department, August 1998.
|
| 41
| Juries in Serious Fraud Trials. A Consultation Document,
Home Office, February 1998.
|
| 42
| Administrative Law: Judicial Review and Statutory Appeals,
Law Commission, 1994.
|
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