» Priorities: What we believe
» Priorities: Key issues
» Priorities: What we've done
» Priorities: What we will do
» Priorities: Making a difference
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The Department for Constitutional Affairs was set up to deliver justice, rights and democracy for the public we serve.
Since DCA was created in June 2003 we have listened to what people want from us and have learned from our experiences at delivering past reforms. Our Manifesto for a New Department and our Five Year Strategy set the direction of travel for a modern public service delivery department. While we made progress in the past two years - to make the courts, legal aid and the constitution work for the public - there is much more to do and we now need to set our priorities for what we want to achieve in the coming period.
Our priorities are the public's priorities. People want their legal and democratic systems to be respected for their values of fairness, decency and opportunity for all. They want judges and courts that are independent and effective at delivering justice. They want the rule of law upheld. They want lawyers who give decent and transparent advice for a fair price.
Our focus has moved away from serving our traditional stakeholders to serving the law-abiding public. Judges and lawyers are vital in ensuring that the constitution and the legal system serve the public well. But the driving force behind our future reforms, policies and funding is to demonstrate a clear and unequivocal shift; a shift from responding to the needs of public service providers to delivering on the priorities of the public they serve.
Justice: Fighting crime and anti-social behaviour
Rights: Supporting the disadvantaged and delivering for the public
Democracy: Engaging with the citizen
We achieved much in the past two years to meet the needs of the public.
More offenders brought to justice
During the past two years DCA worked with its partners in the criminal justice system to bring 100,000 more offences to justice, to make sure trials go ahead on time and to improve people's confidence in the justice system.
We introduced a range of measures in our courts to make it easier for vulnerable and intimidated witnesses to give evidence. We increased the number of separate waiting areas for victims and witnesses, together with separate entrances. The new criminal procedure rules ensure better management of criminal cases so that trials will be faster and more effective, reducing the burden on victims and witnesses.
Specialist domestic violence courts are giving greater respect and security to vulnerable and intimidated victims. Specialist drugs courts are being developed to tackle the root causes of offending behaviour. There are now 116 anti-social behaviour response courts helping to bring back a proper sense of respect in our communities, towns and villages. An integrated approach to dealing with the concerns of communities suffering from persistent offending is being delivered through the Community Justice Centre in Liverpool. A further model of delivering community justice is being tested in Salford.
Faster asylum and immigration appeals
We reformed the immigration and asylum appeals system. The new appeals tribunal is more straightforward and less bureaucratic, meaning that people who have a genuine case are helped quickly and those who do not are removed more speedily. The process is fairer and simpler. It deters weak cases and ensures well-founded appeals are resolved quickly.
We also reformed legal aid for asylum cases. Lawyers who are paid from public funds to take on asylum cases must now be accredited. Challenges to appeal decisions will only be funded from legal aid if the case has real merit. These changes mean asylum seekers still receive quality legal help and give better value for money to the taxpayer.
Courts, lawyers and legal aid meeting the needs of the law-abiding
public
We set up an independent review of the legal services market and the way the legal professions are regulated and complaints are handled. The way lawyers conduct their business on behalf of their clients needs to be more transparent, accountable and fairly priced. The review reported in December last year and we accepted its recommendations to create a Legal Services Board to oversee the legal services sector. Day-to-day regulation will remain the task of the professional bodies, but the Legal Services Board will set the standards and check that they are met. Non-lawyers could for the first time be owners and investors in legal practices as well as managing them.
In addition to the improvements in asylum legal aid, we introduced a new regime for how we pay defence barristers in the one per cent of criminal cases that consume nearly half of the Crown Court legal aid budget. These cases now have significantly better cost control with individual contracts in the biggest cases now being agreed before the case proceeds.
We set up a new body to unify the administration of all our courts. Her Majesty's Courts Service runs 749 courts across England and Wales ranging from the Old Bailey in London to Llandudno Magistrates' Court in North Wales. The single administration is making it easier for our courts to respond to national priorities and the needs of local communities.
A fair and decent society
We are at the forefront of creating a culture of human rights in the delivery of public services at a national and local level. This Government has also driven the equality agenda so that all people are treated equally regardless of race, gender, disability, age, sexual orientation and religion. Equality is a fundamental human right and DCA has played a key part in the project to set up the Commission for Equality and Human Rights.
We are improving the support and services given to families who experience parental separation, ensuring the needs of the child are paramount. We developed measures to encourage parents to resolve their problems through alternatives to the full court process. And we prepared draft legislation to strengthen the authority of the court so that contact orders are rigorously enforced in the interests of the child's welfare.
We introduced a new legal regime for adults who cannot take decisions for themselves. The law is now driven by what is in their interests. Carers who act in the best interest of people in their care will not be vulnerable to legal action.
Freedom of Information has empowered people with the facts to make better decisions about public services, helping them to decide which school or hospital to use. It has also improved the quality of decision making by public bodies for the benefit of the public they serve. Public servants are now aware that the reasons behind their decisions will be available, leading to greater assurance that decisions are taken properly and with a strong evidence base.
A modern service delivery department
We reformed our constitutional arrangements to meet the needs of a modern progressive country. The Lord Chancellor and DCA now have a different role within Government. The Lord Chancellor will no longer be a judge or head of the judiciary and will no longer have to be a lawyer or a Lord.
Our priorities are set by the public which, in turn, direct over £3 billion of public expenditure. It means focussing on the needs of victims and witnesses. It means focussing on disadvantaged and vulnerable people who need help resolving their disputes and problems. And it means delivering democratic systems that have the confidence of the people they serve.
We have a new relationship with the judges. We continue to be the guardian in Government of the independent judiciary and the rule of law. But, as of next year, judicial appointments will no longer be the sole responsibility of a Government minister - often in a way that was unclear to members of the
public. We changed the law to enable an open and transparent Judicial Appointments Commission, which will begin work next year. And we legislated to create the Supreme Court (to be located in Middlesex Guildhall) so that the highest court is visibly independent of the legislature.
People want to feel safe in their homes and communities. They want criminals caught and brought to justice. They want to be confident that the legal and justice system will enforce their rights, help them solve their disputes and protect them from overbearing or negligent public and private organisations. And they want to be confident that their judges and courts are independent, respected, that they enforce the rule of law and their orders are obeyed. Our priorities will deliver reforms that make our legal, justice and democratic systems fairer and more effective.
Supporting victims of crime
All courts that serve to bring offenders to justice or lay down sanctions to protect people from intimidation or anti-social behaviour will have secure facilities for victims and witnesses.
As part of our reforms to create a fairer deal for the taxpayer on the use of legal aid, we will provide legal advice for victims of crime in murder and rape cases. This will help rape victims and the families of the deceased through the trauma and stresses of the criminal justice process. We will give the victim and relatives of such crimes a proper voice in criminal proceedings with a right to representation and advocacy in court.
Supporting magistrates
We will take steps to give better support to the 28,000 magistrates who give their time to deliver the justice that often has the biggest impact on the quality of life in our local communities. Magistrates will be better connected to their communities, respected for what they do and effective at delivering justice. We will publish a White Paper in the summer that sets out how we will respond to the ideas and concerns of magistrates and the people working with them whom we consulted during the past year.
We will increase the diversity of the magistracy by making it easier for those in employment to integrate their work commitments with the responsibility of being a magistrate. We will set out how we will divert high volume work away from local magistrates' courts, freeing court capacity to deal with higher impact work and improving efficiency. And we will set out measures that will strengthen the respect for magistrates and their orders, such as the way victims receive their compensation from offenders.
Respect for the authority of the court
Respect for the court means enforcing the orders of the court. We will bring to justice a far higher proportion of those people who breach court orders on bail, community penalties and fines. The National Enforcement Service will increase compliance and respect for the courts and will have all the powers it needs.
Failure to attend a court hearing without a genuine reason creates a costly disruption to the work of the court and increases the burden on victims and witnesses. It also breeds disrespect for the courts and the rule of law and order. Defendants who fail to turn up to court without good reason should expect to be tried in their absence.
Efficient and effective fraud trials
We will work with our criminal justice partners to review the way that fraud cases are dealt with. These cases represent one of the largest demands on the legal aid fund. Too many fraud cases are too long and never reach a conclusion.
Our fairer deal for legal aid will deliver better and more effective ways of paying the defence to encourage the most efficient way of trying these cases in a fair way. And there will be a more focussed presentation of the case by the prosecution. Payment should reward lawyers whose cases finish within a reasonable time estimate, made in conjunction with the judge. And for those serious fraud trials that do demand a lengthy and complex trial, there will be alternatives to jury trial.
Improved experience for jurors
Jurors are critical to dispensing justice. Jury service is the way in which most hard-working, law-abiding people are likely to come into contact with the criminal justice system. Almost 410,000 people were called to jury service last year, of whom 181,000 sat on a jury.
It is important that a juror's experience gives them confidence in the criminal justice system, and makes them aware that their contribution is highly valued. We will improve the practical support they receive so that their contribution is effective and makes the best use of their time, particularly where jurors are required to sit on longer cases.
A diverse judiciary
We will drive forward work to increase the diversity of the judiciary. If the public is to have full confidence in the justice system, it is vital that the judiciary reflects the public it serves. While we have made progress - the appointment of the first female Law Lord, and the first High Court judge from a minority ethnic background - there is much more to do.
All appointments must be made solely on merit. As we prepare for the creation of the Judicial Appointments Commission, we must work to open up the system and to widen the pool of candidates for appointments. We will improve the information available to candidates and reach out to those groups that have not traditionally applied for appointment. We will extend judicial work-shadowing to enable potential applicants to learn about a wider range of judicial posts, and we will look at the benefits of mentoring schemes to help salaried judges develop their careers.
We will review the eligibility requirements to ensure that judicial appointments are open to everyone with the appropriate skills. This could include legal executives and legally qualified magistrates, whose experience of sitting as magistrates might be taken into account. Alongside the part-time working arrangements introduced this year we will develop a career break scheme to ensure that a judicial career is open to as wide a range of people as possible. We will also consider whether the prohibition on judges returning to practice should be lifted for some judges.
A fairer deal for legal aid
Legal aid will be reformed so that it responds to what the public wants and justice requires. It will be an effective, fair system that gives the taxpayer value for money and provides access to justice for all who need it.
The growth in expenditure on legal aid has led to an imbalance. We spend a disproportionate amount defending people accused of a crime compared to the amount we spend helping and advising disadvantaged and vulnerable people. We will address this imbalance to create a fairer deal for the taxpayer while ensuring defendants are properly advised and represented. We will ensure that publicly funded legal help and advice can go to those who most need it to resolve their disputes and problems.
Legal aid will help provide for a fair criminal justice system that is effective in fighting crime. Our reforms will increase the overall efficiency and quality of the criminal justice process - lessening the burden on victims, witnesses, jurors, and defendants. Legal aid will ensure representation for criminal cases sufficiently serious to require it and when defendants cannot afford it. However, those found guilty who can clearly afford to pay for their own advice and representation will pay for it themselves.
Legal aid, along with other Government programmes, will be supporting the voluntary sector, councils and other local services to create a network of advice and representation for those who need help. We will build on the work of the Community Legal Service to help lift people out of poverty and social exclusion, solving their problems at the earliest stage and accessing justice when that is required. There will be more alternative ways of providing advice and solutions, steering people away from legal assistance and litigation where that can be avoided.
Every child matters. When children need the justice system to protect them, in relationship breakdown, care and adoption cases, it will be effective at reaching decisions that achieve the best outcomes for the child. Reforms will be made to legal aid and other parts of the decision making process that encourage swift progression, driven by the best interests of the child.
Reformed legal services
At some time in their lives, almost everyone will need to use legal services - to move house, to write a will, to help resolve a marital dispute or to carry out a business transaction. There are more than 100,000 solicitors, barristers and other legal professionals in this country. In many cases people receive good advice, delivered professionally - the best of the legal profession in this country are among the best in the world.
However, there remain too many instances where people do not receive the service they expect. And, for too long, lawyers have been wholly regulated by other lawyers. The interests of the public have come too far down the concerns of lawyers in the way they conduct their business.
We will publish a White Paper in the autumn with legislation to follow. We will set the parameters of the regulatory framework - including the roles of the Legal Services Board, the Office for Legal Complaints and the professional bodies - and make it possible for legal services to be provided in new ways.
Tackling the compensation culture
Although we are committed to ensuring that people can enforce their rights and access justice we are equally committed to ensuring people behave responsibly. We will tackle any practices that encourage people to make spurious claims against people or organisations that are not to blame for other people's actions or misfortune.
We will regulate claims farmers and co-operate with the legal and financial regulators so they take proper steps to prevent their members from attempting unjust exploitation of the public in connection with claims. We will clamp down on advertising that creates false expectations about the chances of making a successful claim or excessive compensation, particularly in the public sector.
We will make it clear that the law allows compensation only where the defender was culpable. When someone is injured, there is not always the right to claim damages. Where there is no blame, there should be no claim. We will work with schools, hospitals, local authorities, insurers, voluntary sector organisations, businesses and the legal professions to drive out the compensation culture.
Further reform of the House of Lords
Our steps to further reform the House of Lords will include a joint committee to review its conventions. This will be followed by legislation to change the procedures so that there is a maximum limit on the time bills spend in the upper house. We will remove the remaining hereditary peers and allow a free vote on the future composition of the House of Lords.
Improved electoral administration
Elections are critical to a properly functioning democracy. People should be able to exercise their democratic rights in a way that fits in with the commitments of a modern lifestyle. They should also have complete confidence in the security of elections and be completely satisfied that the results are fair.
Postal voting has proved very popular with the public but legitimate concerns have been raised about the demands placed on administrators and the vulnerability of the system to the actions of an unscrupulous minority. We will work with Returning Officers, the Electoral Commission, the political parties, the police and others to review the conduct of elections. We will also consider how we can strengthen democratic engagement and build public confidence not just at elections but also in between.
We have laid the foundations for a new public service driven department and reformed the institutions of our constitution. We now have the tools to make a real difference for real people.
Our work affects the victims of crime and anti-social behaviour and those threatened by it. It helps to protect vulnerable and disadvantaged people. We have responsibilities that go as far as affecting people buying or selling a house, tenants in dispute with their landlord, divorcing couples, employees and employers, businesses relying on a fair and enforceable framework for commerce, and all citizens exercising their human, information and democratic rights.
Our reforms will impact on these people and many others in a positive way. Our policies, and our funding of £3 billion will be focussed on putting people at the heart of the way justice, rights and democracy are delivered.
Rt Hon Lord Falconer of Thoroton
Secretary of State and Lord Chancellor