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Home > Publications > Reports and reviews > Departmental Report 2002-2003

Departmental Report 2002-2003

9. Northern Ireland Court Service

The Northern Ireland Court Service (NICS) was established in 1979 by the Judicature (Northern Ireland) Act 1978. Providing support to the administration of justice in Northern Ireland it employs some 750 staff across court venues throughout Northern Ireland, and at its headquarters building in Belfast city centre.

The Director of the Court Service, who reports directly to the Lord Chancellor, is the Head of the Department, Accounting Officer and Accountant General of the Supreme Court of Judicature of Northern Ireland. In running the department he is supported by a Management Board comprising four Directors, each of whom has responsibility for a specific division.

Aims and Objectives

The Northern Ireland Court Service's aims are to:

Its objectives are to:

The Work of the Northern Ireland Court Service

The Northern Ireland Court Service published its Service Delivery Agreement in November 2000, as required under the 2000 Spending Review. In that document we set ourselves a number of challenging targets to improve the quality of the services that we provide. We must achieve these targets in full by 31 March 2004 and our current progress is detailed below.

Criminal and civil justice review

Enacted in July 2002, the Justice (NI) Act 2002 will give effect to the recommendations of the Northern Ireland Criminal Justice Review. Work is also ongoing in implementing the recommendations of the Civil Justice Reform Group in respect of which we have been working closely with the legal profession and Rules Committees.

Legal aid reform

The Access to Justice (NI) Order 2003 will bring about the most extensive reforms of the Northern Ireland legal aid scheme since it was established in 1965. These reforms will include the establishment of a new non-departmental public body, the Northern Ireland Legal Services Commission, to assume responsibility for the administration of publicly funded legal services from the Law Society of Northern Ireland. The Commission is expected to begin work in Autumn 2003.

Other policy initiatives resulted in legislation, consistent with the objective to target public funds for legal services towards those whose need is greatest. This has included work to provide for legal aid in the areas of immigration and asylum, criminal justice, proceeds of crime, extradition and restorative justice.

We have also been working on the implementation of the statutory power taken in the Justice (Northern Ireland) Act 2002 to grant legal aid for cases which would not otherwise be within the legal aid scheme. Work is ongoing with the Legal Aid Department of the Law Society of Northern Ireland to ensure that the power is commenced as soon as practicable. In the meantime the Court Service administers an extra-statutory ex-gratia scheme for funding for representation at exceptional inquests.

Target

Improve by 5% the efficiency of services provided to users of civil and family courts.

Performance

Performance against this target has been excellent with 98.3% of civil and family cases listed within the specified times. The improvement of 5% has been achieved.

Target

Achieve a 10% improvement in the proportion of indictable cases meeting targets for case disposals.

Performance

There have been steady gains in performance for the committal to arraignment stage with 92% of cases meeting the target. The performance for arraignment to the start of hearing has also shown notable improvement over the previous period. New management initiatives have resulted in 83% of cases now meeting this target.

Target

Improve by 10% the proportion of appeals against sentence to the Court of Appeal being given a hearing date within three weeks from lodgement of documents.

Performance

88% of appeals against sentence were given a hearing date within three weeks representing the desired increase of 10% from the baseline figure. The relatively low volume of cases processed means that one or two difficult cases can adversely affect performance.

Target

Improve by 5% the time taken for the disposal of summary cases, and by 3% the time taken for the disposal of cases in youth courts.

Performance

We have made excellent progress in the disposal of summary cases and have already achieved our 5% target. We are now concentrating on youth court business. A review of youth court business was completed in 2002 and recommendations will be taken forward in 2003.

Target

Increase by 10% the proportion of accepted cases dealt with within two years by the Enforcement of Judgments Office.

Performance

Progress towards achieving this target is on course. A new computer system has been installed and this will assist in the efficiency of case management.

Target

Reduce the incidence of payment of fraudulent claims for legal aid.

Performance

We have developed a Counter Fraud Strategy and appointed a Fraud Investigation Officer in the Legal Aid Department. The percentage of legal aid cases investigated for fraud will be increased by 5% by March 2004. To date, 182 cases have been investigated by the Fraud Investigation Unit of the

Legal Aid Department. As a result of this work six major investigations have been referred to the Police Service for Northern Ireland.

Target

Improve by 10% the efficiency of the estate maintenance programme.

Performance

The costs associated with the planned maintenance programmes for the Court Service estate in 2002-03 (taking inflationary factors into account) indicate a 13% reduction in the annual spend when compared to the 2000-01 period. These figures do not include the costs associated with minor building projects.

Target

Achieve Charter Mark status for 50% of all courthouses.

Performance

Eight court office locations will be seeking Charter Mark accreditation in late 2003. Work has been ongoing through the facilitation of customer service training for front-line staff.

Target

Implement an Integrated Court Operations System.

Performance

An Integrated Court Operations System (ICOS) is under development in association with our IT strategic partner Fujitsu Services. The target date for complete implementation of this system is March 2005. The implementation and utilisation of this system will allow targeted efficiencies to be identified for the Spending Review 2002 period. The first stage of the implementation process took place in November 2002 when the Small Claims module was installed in ten separate court venues. The installation of the module was preceded by a period of intensive training for staff.

Target

100% take-up rate for the use of e-forms in the checking of statements of means with the Social Security Agency.

Performance

We have achieved this target and all links are now in place.

Target

25% of bail and remand hearings in respect of young offenders to be conducted by live video link.

Performance

We are installing facilities at all court venues. Performance in this area has been excellent with the result that our 25% target has now been met.

Target

A 100% take-up rate for the electronic interface between the Fixed Penalty Office and the Driver and Vehicle Licensing Agency for the notification of penalty points.

Performance

We have achieved this target and all links are now in place.

Target

A 25% take-up rate between the department, the Social Services Agency and the Guardian Ad Litem Agency for information exchange through intranet and internet facilities.

Performance

A pilot exercise is under way with the Rate Collection Agency.

Target

A 25% take-up rate for a fee-payment system for the Enforcement of Judgments Office which allows customers to pay via the telephone and using Switch and Banks Automatic Clearance System (BACS).

Performance

Preliminary work on this target has been ongoing and planning is at an advanced stage.

Our work towards these targets together with the development of electronic business throughout the organisation, also progresses our goal of reducing paper flow within the organisation by 50% by 2004.

New aims and objectives

Our new Corporate Plan will be formally launched in April 2003 covering the period 2003-2006, reflecting the SR2002 financial settlement agreed with HM Treasury.

Developing the Service

We are working to a programme of modernisation, in line with central government reform programmes, to improve our service to the public.

Policymaking

The most significant policies that we have brought forward relate to the implementation of the Criminal Justice Review, the Civil Justice Reform report and Legal Aid reform. We have also worked closely with other departments on policies which they are bringing forward in connection with criminal, civil and family justice. Initiatives on which advice has been provided include: Proceeds of Crime, a draft Criminal Justice Order, Criminal Evidence Order, divorce law reform, inter-country adoption and the establishment of a Children's Commissioner.

We have made progress in implementing the recommendations of the Civil Justice Reform Group report designed to make improvements to existing court procedures in Northern Ireland.

To date we have:

Criminal Justice Review

The Court Service is heavily involved in implementing the Criminal Justice Review as it impacts on the courts and judiciary in Northern Ireland. This has included the enactment of the Justice (Northern Ireland) Act 2002.

Legal aid reform

We are heavily engaged in bringing forward implementation of legal aid reform. Following the making of the necessary legislation we are now working closely with the Law Society in relation to transferring responsibility for administration of legal aid to the new Legal Services Commission.

The Legal Services Commission will assume responsibility for the administration of publicly funded legal services from the Law Society of Northern Ireland in Autumn 2003. A Project Board, including Northern Ireland Court Service and Law Society representatives, has been established to oversee this transition.

Public consultation exercises

The Court Service Accommodation Strategy 2001-2010 was published for public consultation in December 2001. The outcome of the consultation exercise was announced by Rosie Winterton MP in November 2002. Under this strategy the courthouses at Clogher and Cookstown closed at the end of 2002 with business transferring to the new courthouse at Dungannon.

During the year we also developed two key strategies in response to our obligations to the Criminal Justice Review report. These are a Communications Strategy and an Outreach Strategy. Both of these strategies have been designed to take forward the Court Service's work up to 2006. The strategies went to public consultation in February 2003.

Equality impact assessments

We must make sure that our policies are inclusive and take account of the needs and experience of all those likely to be affected by them. A key element of the policy process in Northern Ireland is the new statutory duty imposed on public authorities by section 75 of the Northern Ireland Act 1998. This requires a public authority in carrying out its functions to have due regard to promoting equality of opportunity and to promoting good relations between different specified groups. This is achieved by screening policies to determine their likely impact on different groups in society. Where there appears to be an issue then the policy is subject to a full equality impact assessment.

Responsive public services

We are committed to delivering the highest standard of public services. To ensure that the public is fully involved in the development of our services, we consult the public on all policy initiatives, and make use of public attitude and consumer surveys to develop our customer services.

We continue to provide a range of services outside normal office hours with special courts sitting in the evenings and weekends and on public holidays. Key staff are on call out of office hours in the running of the Coroner's office and in respect of emergency hearings for family and domestic proceedings.

We have committed to using the European Foundation for Quality Management (EFQM) model as a cornerstone to support performance improvements.

In September 2002 we opened a new public Information Centre to promote the work of the Court Service and its services. This new Centre provides access to information from a public office that is not located within a courthouse. This is a first for a justice agency in Northern Ireland. The Information Centre is currently developing information that will lead to improved understanding of the Court Service by the public.

Quality public services

Information Service/Information Technology

The Integrated Court Operation System (ICOS) is the single most important application development under our PFI IS/IT service provision agreement. Its aim is to provide an integrated system across all court tiers. The first module, Small Claims, was delivered on schedule for operational release in November 2002 in support of the new legislation governing small claims.

In respect of the judiciary, we have provided access to the Corporate Desktop Services and provided remote access by way of a judicial network to a comprehensive range of legal library and information services. The services are continually reviewed and there are now a number of Voice Recognition Software pilots being operated.

E-business

The Court Service Initial E-Business Strategy continues to be reviewed with regard to its relevance to the Corporate Plan, the Service Delivery Agreement and our Action Plan to implement the Government's Modernisation Programme. The Court Service is committed to meeting the Government's requirements on information age government to make 100% of the services which the public requests available electronically by 2005. In planning for the provision of electronic service delivery, the Court Service is actively considering the legal barriers to the provision of electronic services and is preparing a timetable to address these points.

The E-Business Strategy details an initial route map to deliver the Court Service E-Business Vision. Initially this will be achieved through a series of quick win projects and one major pilot project. This process will allow the Court Service to refine its pilot projects and to confirm the suitability of other candidate projects.

Website and internet services

The Court Service launched an improved website in March 2002, as an interim measure pending further development. Substantial work has been progressing in developing a new transactional website, which will provide the cornerstone and the main access channel for our electronic service delivery targets. It will be designed to support transactional processing with the Enforcement of Judgments Office which has been identified as the major pilot for direct interaction with both the legal profession and citizens. The new website will be launched in April 2003.

Electronic Records & Document Management

The implementation of an Electronic Records & Document Management System across the Court Service is a substantial challenge. Steady progress has been made with the establishment of a project board supported by the appointment of external consultants. The project board will co-ordinate our approach and resources in addressing associated issues such as the Publication Scheme under the Freedom of Information Act and our continuing obligations under the Data Protection Act.

The Court Service has access to the Government Secure Intranet. This will enable the Court Service to communicate securely and efficiently with Whitehall and Northern Ireland Departments, and to provide access to an important and wide source of relevant information and guidance online.

Causeway Programme

The aim of the Causeway Programme is to deliver significant improvements to the effectiveness and efficiency of criminal justice in Northern Ireland. This will be achieved through improved information systems and sharing between the major criminal justice organisations. The programme is both ambitious and challenging to all of the criminal justice organisations and will meet the government objective for 'joined-up' government within the criminal justice system.

Rate Collection Agency

The objective of this project is to identify ways of improving information sharing between the Rate Collection Agency (RCA) and the Court Service. Key outcomes of this will be a reduction in the exchange of paper documents between the parties and the ensuing handling costs, and the provision of accurate and up-to-date information in respect of cases to assist with customer enquiries.

The exercise covers the interactions between:

Courtroom technology

Under the Court Service modernising agenda there is an objective to provide a standard 'technology courtroom' in several locations.

A number of courtrooms have been equipped with new technology including evidence display screens. The technology can be utilised for both digital and non-digital evidence display. A further significant feature is the provision of video witness rooms, which will enable children and other vulnerable witnesses to give their evidence remotely, and video conferencing that will also enable witnesses to testify from another location.

Over the next 12 months the Court Service will pilot the use of digital recording and courtroom information displays and the presentation of digital evidence.

The initial response to the new technology from the judiciary and legal profession has been very positive. To consolidate this support the Court Service will proactively promote the services with other criminal justice organisations.

Modernising management

Estate management

In April 2002 the Court Service entered into a five-year estate management contract with the private sector company SERCO. Good progress has been made with the completion of the condition survey and disability compliance reports for the Court estate. Implementation of the recommendations will be scheduled for the current financial year.

Official opening of new courthouses

Laganside Courts, which is the latest landmark building in the fast developing legal quarter of Belfast City Centre, was officially opened by Her Majesty the Queen on 26 February 2003.

The new Dungannon Courthouse opened for business in December 2002. The Lord Chancellor officially opened the new courthouse on 25 February 2003.

Risk management

Risk management processes are now in operation within the Court Service, and the Accounting Officer's Corporate Governance Statement accompanying the Department's 2002-03 annual accounts will be informed by the assurances provided under the risk management system.

Quality of data systems

The data collection systems used for the determination of performance against targets are both robust and timely. Data for numerically based targets are collected and analysed according to the National Statistics standards. Information against the targets is usually available within six weeks after the end of the quarter. Non-statistical information is also monitored quarterly by an internal monitoring system.

Resource Accounts 2001-02

The Department's Resource Accounts for the financial year ending on 31 March 2002 will be published early in 2003. Copies of the published Resource Accounts may be purchased direct from The Stationery Office, The Stationery Office Bookshops and The Parliamentary Bookshop.

The Resource Accounts for 2001-02 will contain an Operating and Financial Review (OFR). The main aim of the OFR is to enable the reader to understand the influences on the overall results and how they interrelate, and their potential impact in the future. The OFR for 2001-02 is designed to help the reader understand better what the accounts show and what the Northern Ireland Court Service is trying to achieve.

Judicial appointments

During 2001-02 a number of judicial appointments were made. These included the appointment of a High Court Judge, a Deputy High Court Judge, a County Court Judge, a Deputy County Court Judge, a Master, a Resident Magistrate, four Deputy Resident Magistrates and a Coroner, along with 27 tribunal appointments, eight appointments to the Appropriate Authority and two appointments to the Legal Aid Advisory Committee.

Recruitment practices

Court Service staff are recruited to Senior Civil Service posts, administrative officer and support grade levels, and to posts requiring professional qualifications.

The Court Service recruitment practices comply with the Civil Service Commissioners' Recruitment Code and none of the permitted exceptions to the principles of fair and open competition are used. All recruitment schemes are monitored in accordance with the equality legislation.

Senior Civil Service Staff at 1 April 2002

Salary Band Number of Staff
£50,000 - £54,999 2
£55,000 - £59,999 1
£65,000 - £69,999 1
£85,000 - £89,999 1

Diversity

Our Diversity Unit supports those aspects of the Modernising Programme with a diversity focus. An action plan to implement our Diversity Strategy is regularly reviewed and updated to reflect progress. Diversity Awareness training has been developed in-house and delivered to all staff; an information pack has been developed to support this learning.

All Business Managers have diversity objectives in their business plans. A Dignity and Harmony at Work Policy, designed to counter bullying and harassment in the workplace, has been developed and distributed to all staff. An internal Diversity Network meets regularly to provide feedback on diversity issues.

Table 1: Total Public Spending for the Northern Ireland Court Service (£'000)

  1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Estimated Outturn 2003-04 Plans 2004-05 Plans 2005-06 Plans
Consumption of resources:
Courts, other legal services and legal aid 47,993 65,145 72,890 82,986 103,201 99,706 100,807 101,059
Total Resource Budget 47,993 65,145 72,890 82,986 103,201 99,706 100,807 101,059
of which:
Resource DEL1,2
47,993 65,145 72,890 82,986 103,201 99,706 100,807 101,059
Capital expenditure:
Courts, other legal services and legal aid 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total Capital Budget 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
of which: Capital DEL1 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total Public Spending3 52,628 63,068 71,621 88,930 106,357 99,606 100,707 100,959

Table 2: Northern Ireland Court Service - Resource Budget: DEL and AME (voted and non-voted) (£'000)4,5,6

  1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Estimated Outturn 2003-04 Plans 2004-05 Plans 2005-06 Plans
Resource DEL

Voted in estimate entitled:
Northern Ireland Court Service

Court and other legal services RfR 1A 9,744 22,514 26,609 31,679 46,209 51,652 52,753 53,005
Publicly funded legal services RfR 1B 34,148 38,073 41,490 46,038 51,555 42,888 42,888 42,888
Total voted 43,892 60,587 68,099 77,717 97,764 94,540 95,641 95,893
Non-voted:
Courts, other legal services and legal aid                
Total non-voted 4,101 4,558 4,791 5,269 5,437 5,166 5,166 5,166
Total Resource DEL 47,993 65,145 72,890 82,986 103,201 99,706 100,807 101,059
Total Resource Budget 47,993 65,145 72,890 82,986 103,201 99,706 100,807 101,059
Voted 43,892 60,587 68,099 77,717 97,764 94,540 95,641 95,893
Non-voted 4,101 4,558 4,791 5,269 5,437 5,166 5,166 5,166
And of which central government own spending 47,993 64,145 72,890 82,986 103,201 99,706 100,807 101,059
NB Voted net resource outturn in estimate:
Northern Ireland Court Service
Resource DEL in Estimates                
Resource DEL in Budgets 43,892 60,587 68,099 77,717 97,764 94,540 95,641 95,893
Total Resource Consumption in Estimate 43,892 60,587 68,099 77,717 97,764 94,540 95,641 95,893

Table 3: Capital Budget: DEL and AME (voted and non-voted) (£'000)4,5,6

  1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Estimated Outturn 2003-04 Plans 2004-05 Plans 2005-06 Plans
Capital DEL

Voted in Estimate entitled:
Northern Ireland Court Service

Courts and other legal services and legal aid                
RfR 1A 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total voted 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total Capital DEL 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total Capital Budget 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
of which

Voted

4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
And of which central gov. own spending 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
NB Voted net capital in Estimate entitled:
Northern Ireland Court Service
Capital DEL in Budgets 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000
Total capital consumption in Estimate 4,635 1,547 2,569 9,901 9,056 6,000 6,000 6,000

Table 4: Resource and Capital Budget DEL and AME, on Previous Definitions of Resource Accounting and Budgeting Used in the 2000 Spending Review (£'000)

  1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Outturn
Resource Budget:
Resource DEL
Courts, other legal services & legal aid 47,467 57,496 64,707 73,938 92,926
Resource AME
Courts, other legal services & legal aid 526 7,307 8,183 9,048 10,275
of which

non-cash items

526 7,307 8,183 9,048 10,275
Total Resource Budget 47,993 64,803 72,890 82,986 103,201
Capital Budget:
Capital DEL
Courts, other legal services & legal aid 4,635 1,889 2,569 9,901 9,056
Total Capital Budget 4,635 1,889 2,569 9,901 9,056

Table 5: Administration Costs for Northern Ireland Court Service (£'000)

  1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Estimated Outturn 2003-04 Plans 2004-05 Plans 2005-06 Plans
Gross Administration Costs
Other 4,408 4,298 8,738 13,405 12,712      
Paybill 4,517 4,606 5,684 5,878 5,850      
Total Gross Administration Costs 8,925 8,904 14,422 19,283 18,562 20,005 21,005 21,005
Related administration cost receipts -13,045 -11,248 -13,554 -12,442 -10,942 -10,942 -10,942 -10,942
Total Net Administration Costs -4,120 -2,344 868 6,841 7,620 9,063 10,063 10,063
Controls and Limits
Administration Costs Limit (Net) for Gross Controlled Areas:
Total Net Limits for Gross Controlled Areas -4,120 -2,344 868 6,841 7,620 9,063    
Note: changes in definitions of administration cost limits, on net basis, since last year's Departmental Report
Total net administration cost limits on Stage 1 resource accounting and budgeting (RAB) 18,669 22,663 25,227 29,782 42,000 42,800    
Plus additional non-cash items from move to full RAB, as part of 2002 Spending Review 526 7,307 8,183 9,048 10,275 11,175    
Less removal of some administration costs associated with frontline service provision -10,738 -21,386 -19,181 -19,847 -34,013 -34,270    
Less additional allowable receipts -12,577 -10,928 -13,361 -12,142 -10,642 -10,642    
Gives figures in table above -4,120 -2,344 868 6,841 7,620 9,063    

1 Departmental expenditure limits, set as part of the 2002 Spending Review.

2 Of which, resource 'near-cash' DEL:

1998-99 Outturn 1999-00 Outturn 2000-01 Outturn 2001-02 Outturn 2002-03 Estimated Outturn 2003-04 Plans 2004-05 Plans 2005-06 Plans
47,467 57,496 64,707 73,938 92,926 88,531 89,632 89,884

3 Total public spending calculated as the total of the resource budget plus capital budget less depreciation.

4 DEL limits in this table are consistent with definitions used in 2002 Spending Review.

5 Figures for DEL limits consistent with definitions used in the 2000 Spending Review as shown in Table 4.

6 Voted DEL and AME excludes any EU receipts included in DEL and AME in Estimate.

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