Ladies and Gentlemen.
I am delighted to be here. Thank you for giving up a weekend to learn more about the work of magistrates. I hope you have found your time here worthwhile.
Very special thanks are due to Simon Woolley, Winsome Cornish and the team from Operation Black Vote, whose help in running the scheme and keeping the many groups involved, working together is utterly invaluable. Could I also thank the Justices Clerks and court staff for their contribution. And my own officials in the DCA, who have worked hard behind the scenes to ensure both that this weekend has been successful and that everyone has had an enjoyable time.
The beginning of my career did not begin so fortuitously. It started with an unopposed application for bail in the Highbury magistrates. If the police don't oppose bail, it's bound to be granted. My 45-minute speech on behalf of the defendant convinced the bench to refuse bail. Unaware that you couldn't appeal in those days against a refusal of bail, I went to see the defendant and told him we must appeal. Looking at me with loathing and contempt, he said 'appeal, appeal, I could have done it better myself.'
Could I put the importance of what you do in context. We are a country which lives by the rule of law. To be a reality, the rule of law must apply equally to all. Everybody must obey it equally. It must be available to protect everybody equally. It must be applied objectively. It must be independent of the executive - and they, like everybody else, must be subject to its terms.
The statement of these basic foundations of our society are worth stating now. First, because it is at times when the state is under threat from the forces of violence and terrorism that these principles can get forgotten. Of course, laws may need to be altered - as we have done in this country in 2001. But those changes do not offend one jot out adherence to the principle that we are governed by law. That is why the Supreme Court's decision on the Guantanamo Bay detainees is welcome. The idea that there were people for whom the USA were responsible, who were beyond the rule of law runs contrary to the basic principle of the protection of law against all comers, including the state.
But the rule of law depends on more than the fact that it applies to everybody. How it applies matters.
It is difficult to become a magistrate. But, the qualities required are not the preserve of any one group or class in society. They are found in people who come from all walks of life. They are qualities that you, who are taking part in the Shadowing Scheme, have demonstrated during the selection process. And they are the qualities that the magistrates here today have to show whenever they sit on the Bench.
You may come from different backgrounds, have different belief systems and cultural experiences, but you share a fundamental similarity, you care enough about your communities to want to make a difference. By taking part in this Scheme. By telling people about your experiences. Hopefully by becoming magistrates yourselves.
By the time this second phase of the Shadowing Scheme has ended I hope that you will feel able to go back to your communities and act as ambassadors for the magistracy.
Only by sharing your experiences and passing on what you have learnt will we be able to challenge some of the commonly held misconceptions about the magistracy.
Magistrates' courts are vital in demonstrating to the community the virtues of the criminal justice system.
Those who visit the magistrates' courts need to see that the justice system is fair - not only to the defendant but also to victims and to witnesses.
They also need to see that the justice system is empathetic. The system needs to understand, and be seen to understand the problems facing the communities that it serves. There must be a real connection to the people whose problems it deals with on a daily basis.
If there are sections of the community that fell that the court system does not understand their needs and their people, the rule of law is undermined. There is no court where this is more important than the magistrate's court. 95% of criminal cases are heard there. The judges in these courts are overwhelmingly lay people. They are selected because they care for the communities they serve.
Magistrates' contribution to people's perception of, and confidence in that system cannot be underestimated. We live in a diverse society in which all sections of the community want to be confident that magistrates appreciate what their problems are.
This is where the Shadowing Scheme comes in. The Scheme offers so much more than just the chance for people to watch magistrates in action. Both participants and magistrates have the opportunity to learn from each other, to discuss common concerns and challenge each other's views on local justice.
The Scheme has already achieved a lot in its short history. It was launched nationally in London almost 2 years ago. In its first year the scheme operated in 7 areas and involved 47 people shadowing 94 magistrates. This year, that has increased to 12 regions, with almost 100 people from black and minority ethnic communities, and 200 magistrates taking part.
I cannot overestimate the value of the Magistrates Shadowing Scheme in helping to improve the diversity of the Bench. With the valuable contribution of those of you who are taking part, and with the help of our partners from Operation Black Vote, we can succeed in changing the face of the magistracy.
We have already seen the pilot scheme produce excellent results. Georgia Ramsay from Bristol became the first shadow to be appointed as a magistrate in May 2003 and, more recently, Mrs Revinder Jahal was sworn in at a ceremony in Birmingham on 5 April 2004. I believe that Georgia is here with us this evening and thank you for taking that extra step and joining the magistracy. Many other participants from the first tranche are also waiting the results of applications or have indicated that they intend to apply at some point in the future.
I know from the evaluation of the first Magistrates Shadowing Scheme that many participants came into the project with doubts about whether they would find the courts to be fair in dealing with members of their own communities. I am glad to say that those who completed the exercise left the pilot scheme with a different perception of the magistracy - of a magistracy that was even-handed in delivering justice to offenders irrespective of race or creed.
The quality and commitment of magistrates is very high, as I am sure you have discovered. And the work, whilst it has its frustrations, is very worthwhile, too.
I sincerely hope that those of you who are currently shadowing magistrates leave the scheme feeling that is has been a positive experience for you. Of course, as I have already mentioned, I also hope you will go on to become magistrates yourselves.
I am totally committed to continuing my Department's involvement with the Shadowing Scheme. In time, I hope that it will be rolled out to all of our magistrate communities so that every region can benefit from the experience.
In closing, could I want to thank you again for your commitment to the scheme; the participants for setting out on this journey of discovery, and the magistrates, who already play such a large part in making our communities better and safer places. Your participation in helping to make our diverse communities more inclusive is much appreciated.
The magistrates' courts matter so much. Their success depends on the quality of the magistrates and their diversity. So that their commitment counts. Thank you for all you are doing. It really matters.