LCD press notice 342/01
Date: 8 October 2001
The most extensive review of the criminal courts system for 30 years was published today by the Government. The independent review was conducted by Sir Robin Auld, a senior Appeal Court judge.
It was welcomed by the Government as an important contribution towards establishing modern, efficient criminal courts, that have fewer delays, are in touch with the communities they serve and respond to the needs of their users. The Auld Review fits in with the current review of sentencing and police reform to provide a criminal justice system that is respected, efficient and seen to deliver.
Sir Robin's key recommendations include:
Unifying the magistrates' courts and Crown Court in a single criminal court structure with a new third intermediate District Division. Cases would be tried, according to their seriousness and the likely maximum sentence, either by magistrates, by judge and jury, or in the new District Division by a professional judge and two lay magistrates. The court, not the defendant, would decide which tribunal should hear a case;
Changes in the procedures for preparation for trial, including a shift in the respective roles of the police and the prosecuting authorities so that in the majority of cases the Crown Prosecution Service, not the police, would decide whether and what to charge, and should have more responsibility for discharging the prosecution's duties of disclosure.
Serious cases against young defendants should no longer be heard in the Crown Court but by a Youth Court composed of a judge of an appropriate level and at least two experienced Youth Panel magistrates;
Serious fraud should be tried by a judge sitting alone or with lay members drawn from a panel, instead of a jury;
Changes to procedures at trials themselves. At the start of the trial the jurors would receive an agreed written summary of the case and a list of the issues which need to be decided;
Changing the technical rules of evidence and instead trusting magistrates and juries to decide how relevant and important the evidence is;
Encouraging greater public responsibility for jury service, making it harder to be excused;
Streamlining the appeals system and improving the procedures of the Court of Appeal to enable it to manage its caseload more efficiently;
The introduction of statutory exceptions to the double jeopardy rule and the other extensions to the prosecutor's rights of appeal;
The creation of a full legislative code for criminal justice, covering offences, procedure, evidence, and sentencing so that the law is clear and accessible;
A move to central joint direction, and local joint management, of the Criminal Justice Departments and agencies, supported by an integrated information technology system.
The Government will seek the views of the public, political parties, and those working in the criminal justice system so as to gain a broad consensus for enlightened and effective reform. The period for comment ends on 31 January 2002 and will be followed by the publication of a White Paper.
The Lord Chancellor, Lord Irvine, said:
"The Government is grateful to Sir Robin Auld for his very substantial and important review of the criminal courts at every level. He offers a stimulating vision of what a modern criminal justice system should be - the criminal courts must be seen by the public to be fair and efficient and to meet the needs of everyone who uses them.
"Sir Robin has urged the Government to move beyond law, structures and rules which exist only for historical reasons. He reports that cases could be handled more predictably, that delays could be cut and that justice could be more efficiently dispensed without compromise in the fundamental requirement for fairness. "Sir Robin makes some radical recommendations which will need the most careful consideration. The Government has taken no decisions on his Report and we are keen to encourage wide debate on these issues before we reach decisions early next year."
The Home Secretary, David Blunkett, said:
"An effective criminal justice system is an important part of a fair, just and tolerant society. Reform of the criminal courts is essential in order to speed up justice and reduce the long delay between arrest, charging and establishing guilt or innocence.
"The Auld Review is a vital part in our programme of reform of the criminal justice system. We are planning Police reforms which will result in bringing more criminals to justice. The review of the sentencing framework, which followed on the back of the Halliday Review, will ensure more effective sentencing that reduces re-offending.
"Auld's proposal for an intermediate tier of courts offer a posssible way forward on the issue of jury trials which might overcome some of the objections that were raised in relation to the Mode of Trial Bill. There would no longer be a choice between the magistrates' court and the full panoply of a Crown Court trial, instead cases would be allocated to one of the three divisions according to their seriousness, with clear rights of appeal for the defendant on this matter.
"We are also committed in our policy paper, Criminal Justice: The Way Ahead , to the development of Specialist court sittings. These and other areas for which we have indicated support will be followed through alongside the development of policy following consultation on Robin Auld's recommendations."
The Attorney General, Lord Goldsmith, said:
"Sir Robin has explicitly recognised the vital role of strong and independent prosecutors in the delivery of more effective, fair and efficient prosecutions. By proposing an enhanced role for the Crown Prosecution Service at various stages he has shown welcome confidence in the CPS as an integral feature of his cohesive package of recommendations to improve both the quality and operation of criminal justice.
"His contribution to current debate about how best to improve pre trial disclosure is particularly helpful, building upon the process started by the publication of the Attorney General's Guidelines last year.
"These and his many other important recommendations make a radical and thoughtful contribution to the process of reshaping the criminal justice system for the future, and are deserving of the widest consultation and most careful consideration."
Notes for Editors
The full text of A review of the Criminal Courts of England and Wales, by the Right Honourable Lord Justice Robin Auld, is available on the Criminal Courts Review website.
Paper copies of the Review will be available from Stationery Office outlets from Monday, 15 October 2001.
Attached is a Government statement on Sir Robin Auld's review of the Criminal Courts.
A copy of Sir Robin Auld's own summary of his main recommendations is also available.
Sir Robin Auld's terms of reference were to carry out "A review into the practices and procedures of, and the rules of evidence applied by, the criminal courts at every level, with a view to ensuring that they deliver justice fairly, by streamlining all their processes, increasing their efficiency and strengthening the effectiveness of their relationships with others across the whole of the criminal justice system, and having regard to the interests of all parties including victims and witnesses, thereby promoting public confidence in the rule of law."
Criminal Justice - The Way Ahead was published on 26 February 2001.
John Halliday's review of sentencing - The Halliday Report (Making Punishments Work: Review of the Sentencing Framework for England and Wales) - was published on 4 July 2001.