Departmental Report 2003-2004
Executive Summary
About DCA
Purpose
- DCA was created in June 2003 and exists to ensure effective and accessible
justice, protect the rights of citizens and modernise the law and constitution.
Objectives
- We have six strategic objectives for the current spending review period
(2003/04 to 2005/06) covering the delivery of justice, civil and administrative
law, protecting the vulnerable, modernising the constitution, increasing
consumer choice and working in partnership with the independent judiciary.
We have seven Public Service Agreement targets supporting these objectives.
Organisation
- DCA has a Secretary of State (Lord Falconer, who is also the Lord Chancellor),
three Parliamentary Under Secretaries of State (Lord Filkin, David Lammy
MP and Chris Leslie MP) and a Permanent Secretary (Sir Hayden Phillips)
supported by a Corporate Board with six executive and four non-executive
members.
- We were responsible for approximately £3bn of public spending
in 2003/04 (including nearly £2bn on legal aid) and are responsible
for a number of related organisations such as the Northern Ireland Court
Service, HM Land Registry and The National Archives (sister departments
that report directly to the Secretary of State); the Court Service (an
executive agency wholly part of DCA) and the Legal Services Commission
(executive non-departmental public body).
- The administrative functions of Scotland Office and Wales Office are
also part of DCA. The two Offices have produced separate annual reports
for 2003/04.
Justice
Narrowing the justice gap (PSA target 1)
- The number of crimes for which an offender was brought to justice increased
to 1.096m (year ending November 2003) compared to 1.074m in 2002/03. DCA
activities to help achieve this increase included providing more capacity
in the criminal courts and by reducing the rate of ineffective trials
in the Crown Court to 18.8%, and in the magistrates' court to 29%.
Improving public confidence in the criminal justice system (PSA target
2)
- DCA is contributing to a cross CJS programme to improve public confidence,
which includes better trial management, rigorous enforcement of fines,
upgrading of buildings and IT, and measures to improve the experience
of victims and witnesses, as well as improving communication about the
CJS. For the year ending December 2003 40% of the public believe that
the criminal justice system is effective in bringing people who commit
crimes to justice, compared with 39% in the year ending March 2003.
Protecting the vulnerable and resolving disputes (PSA targets 3 and 4)
- Decisions on care and adoption of children were speeded up and legislative
changes were proposed so that the victims of domestic violence have a
quicker and more effective route to protection and the perpetrators of
violence are brought to justice. Legislation has been prepared for Parliament
to improve the protection given to the mentally incapacitated and to give
a new legal status of 'civil partnership' providing a range of rights
and responsibilities for same-sex couples.
- The proportion of disputes resolved by the courts was reduced by helping
people to resolve their disputes at the earliest possible stage and by
promoting mediation as an alternative. Overall customer satisfaction with
the courts, tribunals and other offices increased to 84% compared to 78%
in 2001/02.
Speeding up asylum decisions (PSA target 5)
- The average performance in April to August 2003 for deciding new substantive
asylum applications within six months was 63% (2003/04) against a target
of 60%. DCA's specific contribution was the determination of 73% of appeals
at adjudicator stage within 12 weeks (compared to the target of 65%).
Joint initiatives with Home Office based on the co-location or close proximity
of detention and hearing centres helped deliver the fast turnaround of
applications, appeals and removals. We also proposed a new simplified
appeals process to further improve effectiveness and efficiency.
Rights
Human rights
- A culture of respect for human rights was promoted including free awareness
raising roadshows, maintaining a dedicated Human Rights helpdesk and producing
a range of publications. Children across the UK were taught about human
rights as part of their citizenship education. The Gender Recognition
Bill was introduced to Parliament to give transsexual people legal recognition
in their acquired gender, ensuring that they are afforded the rights appropriate
to that gender.
Civil rights
- The legal framework defining citizens' rights and responsibilities towards
one another was improved (to be implemented later in 2004) including new
powers for the courts to order periodical payments of damages (instead
of lump sums) and a new form of commonhold tenure giving people living
in flats an easier way to own the freehold of their property.
Information rights
- Advice and information has continued to be produced for the public sector
in the run up to full implementation of the Freedom of Information Act
in January 2005 including guidance on exemptions and specifications for
IT systems. Comprehensive guidance was issued on the existing legal powers
available to public bodies to share personal data, as well as guidance
on producing the data-sharing protocols that should underpin data-sharing
arrangements.
Legal services (PSA target 6)
- Legal aid and other legal and advice services were highlighted as significant
contributors in supporting vulnerable individuals and families most at
risk of social exclusion. The Community Legal Service is working to increase
the number of people receivig suitable assistance in priority areas of
law involving fundamental rights or social exclusion. An independent review
of the regulatory framework for legal services (led by Sir David Clementi)
was launched to look at promoting competition and innovation and improving
services for the customer. The review will report by the end of 2004.
Democracy
Constitutional modernisation
- Consultations on proposals for a new Judicial Appointments Commission,
a new Supreme Court for the UK, reforms to the office of Lord Chancellor
and a review of the rank of Queen's Counsel were undertaken to clarify
the separation of constitutional powers and strengthen the independence
of the judiciary. A concordat was agreed with the Lord Chief Justice and
the senior judges about the implications of the constitutional changes
for the judiciary. The Constitutional Reform Bill to enact these reforms
was introduced to the House of Lords in February 2004.
Electoral reform
- The European Parliamentary and Local Elections (Pilots) Act was taken
through Parliament allowing all-postal voting to take place in four regions
- the North East, East Midlands, Yorkshire and the Humber and the North
West. Legislation was enacted to allow for the reduction in the number
of MEPs in the UK (as a result of the accession of the new member states
to the EU) and to extend the franchise for the European Parliamentary
elections to the people of Gibraltar. The draft Single European Currency
(Referendum) Bill was published in December 2003 and Court Rules relating
to party political funding were changed so donations are forfeited where
a political party fails to comply with the requirements of the Political
Parties, Elections and Referendums Act (PPERA) 2000.
House of Lords
- Consultation took place on the next steps to putting the House of Lords
on a stable footing for the medium term. Responses to the consultation
paper were generally supportive of the Government's specific proposals
but it became increasingly clear that there would be resistance in the
House of Lords and taking up further legislative time would not be productive
at this stage. DCA will continue to be involved in further work on House
of Lords reform in the future.
Delivery
Serving the public
- Our Consumer Strategy Review began in September 2003 to drive forward
the realisation of Ministers' vision of a Department which puts the public
at the heart of everything it does. The first phase of the Review concentrated
on four key areas of DCA policies and services: debt; relationship breakdown;
domestic violence; and community justice. This work will be developed
further in 2004/05.
Unified Courts Agency
- The first steps were taken in the creation of an executive agency to
support the delivery of justice in all courts in England and Wales (criminal,
civil and family). The agency will replace the Magistrates' Courts Committees
and the existing Court Service. They will operate in shadow form during
2004/05, and will take over control of the courts in 2005/06.
Tribunals Service
- A programme unifying the administration of the major tribunal systems
in central Government was launched and in February 2004 the administration
of DCA's tribunals was separated from the Court Service to form the nucleus
of the new service. The 10 largest tribunals from across central Government
will be brought in over the next four years, with smaller tribunals joining
as appropriate.
IT
- DCA officials provided the secretariat support to the Hutton Inquiry
including the rapid and effective use of IT to communicate the evidence
and findings direct to the public. The benefits of a £200m, three-year
project to install new technology into all of the Crown and Combined Courts
(LINK) helped deliver effective justice including the high-profile Soham
trial when the latest technology was used in The Old Bailey to support
the presentation of detailed forensic and other evidence.
Diversity
- The first woman, Dame Brenda Hale, was appointed to the highest Court
of Appeal and the proportion of people from minority ethnic groups appointed
as judges and tribunal members in England and Wales during 2002/03 was
greater than in any previous year. A review of DCA's diversity activities
aimed to reinvigorate our diversity work and recommended a more strategic
approach to delivering DCA's diversity agenda which will be taken forward
in 2004/05. The Community Legal Service promoted improvements to the range
and quality of civil legal services and made them more accessible to those
who need them including funding to encourage projects that address local
legal needs.
Efficiency (PSA target 7)
- Costs were scrutinised for how well they were directed to the delivery
of key services and further areas for efficiencies over 2004/05 to 2005/06
were identified including: redirection of resources from DCA's corporate
centre to service delivery; improvements in the procurement and management
of contracts; and better usage of the court estate.
- Increased value for money from the criminal justice system, especially
legal aid, was supported by the progressive introduction of a new regime
for funding the defence of very high-cost criminal cases and improved
management of legal aid contracts. Further measures will include changes
to legal aid provision for asylum applications.
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