I am delighted to be here to talk to you today.
I'm very grateful to the Chief Magistrate [Tim Workman] not only for his kind introduction but for the work he does throughout the year. And for the assistance provided by his deputy Daphne Wickham.
I want to talk to you today about some of the changes we are making to our justice system and also the important role you play now. I want your role to increase.
I'm pleased to be here, because I think it's a worthwhile time to be part of the justice system.
We are in a time of reform and of change. Big, important changes to our constitutional arrangements are underway.
Big changes nationally - and big changes too in the way we deliver justice locally.
A new unified court service is soon to be a reality. The new Her Majesty's Court Service is about re-focusing our courts on the people who rely on them every day. It's about helping staff to provide the best service they can to court users. And it's about improving people's confidence in the justice system as a whole.
It is an important and historic reform. For the first time in England and Wales, all our courts will be brought together under one unified administration.
And we have begun an important new initiative with Magistrates' courts, looking at how we can do more to make local justice, effective justice.
The common thread running through these reforms, national and local, is that we want to provide a better service to members of the public. To people who are looking to us and to you for leadership, for protection and for action to make their communities safer.
This does, sometimes, mean doing things differently.
We've made it clear the Magistrates' Court is a vital part of the Criminal Justice System, and will remain so. Your role in it is critical and increasing, your expertise and your voice needs to be recognised, and listened to.
The development of district judges is still relatively new. Until 2000, you were still stipendary magistrates. But the transition from stipendary magistrates to district judges was an important one. It was more than a change of name. It was a transition that recognised the skills, expertise and professionalism that you bring to the justice system.
And from your origins in London and at Bow Street, you are increasingly reaching across the country.
Your job is not always an easy one. Lone judges have to work in courts that may be unfamiliar with your role and where there may be suspicion about your work. In a minority of cases, people seem to think District Judges cherry-pick the ‘best cases'. Or that your involvement is a poor reflection on lay magistrates.
Of course, the reality is that lay magistrates and district judges are complementary. Each bringing different skills, different qualities - but working together to deliver effective justice. You bring: Rigour, expertise, professionalism - together you produce better results.
So, I am delighted to see you are growing in number - there are now 130 District Judges, more than 140 deputies with even more soon to follow. And you have an impact beyond your numbers. An impact which I don't think we in Government have done enough to recognise.
So, let me be clear that just because you are small in number, doesn't detract from the benefits you bring. Far from it.
Sometimes you may feel forgotten.
We appreciate your work. We recognise the challenges you face.
Your role is valued and respected - by the Government, by the wider judicial family and by the public.
Let me say why this is the case.
First, you bring legal expertise to the Bench.
Where courts have complex, lengthy or technical cases - District Judges help them progress.
Where there is a new area of the law you can help courts understand new legislation - the way, for example, you have helped with the new legislation on crack house closures is testament to this. I don't need to spell out the negative impact a crack house can have on a community - nor the benefits that can be brought by swift closure.
So, the expertise you bring means that courts can deal with unusual or complex cases fairly and promptly.
Second, you ensure justice is efficient.
You judge a huge volume of cases - more than any other judge.
From clearing backlogs, to providing a 24 hour response to deal with extradition and terrorism cases round-the-clock, or to providing assistance when a court is flooded - as I know has happened this year - you are vital to keeping cases on-track.
This is important work because it improves public confidence in the justice system. People want justice, they want justice to be seen to be done and they want justice to be done as quickly as possible.
Third, you provide leadership.
You are represented on the Judges Council, the Sentencing Guidelines Council, the Youth Justice Board, the Family Justice Council, the Family Rules Committee and a large number of the more local Justices Issues Groups and Area Judicial Fora - to name but a few. Your knowledge of the Magistrates' Courts is second to none, and you can provide guidance and support and advice on complex issues and in difficult circumstances.
With Magistrates, you have a crucial role to play - you can provide leadership in case management. Demonstrating, for instance, that a firm response with the various Criminal Justice Agencies can produce results. Showing how confident case management can have an effect on the system.
And we want to work with you to ensure Magistrates' courts do their important business even more effectively than they do now.
We rely on Magistrates' courts to deal with the vast majority of criminal work that comes before the courts - 95 per cent of all criminal business is dealt with in Magistrates' courts. We rely on you to be the frontline in terms of the courts dealing with crime, youth justice, and many family issues.
The problems you deal with every day in the magistrates' courts are at the very top of the public agenda. Magistrates' courts are at the very heart of creating safe, prosperous communities.
Our ambition for the Magistrates' courts is one that sees courts connected to the communities they serve. Respected by the public and their orders obeyed. And effective in dispensing justice properly.
This is important. Now more than ever.
The unified court administration will be a new beginning. And, in time, new appointments to the judiciary will be made by the Judicial Appointments Commission.
These changes presents us with real challenges. But with real opportunities too. We want to get it right. We will be working closely with the Chief Magistrate to ensure the transition is as pain-free as possible.
And this is why we've begun a new strand of work in my department. Work aimed entirely at giving Magistrates' courts the support we can in government to enable you to do the job you want to do. To make sure that you are having the effect and the impact for communities and against crime that I know you want to have.
We have started a programme of work called ‘Supporting Magistrates To Provide Justice'. I am grateful to Tim Workman for his help with this. It's about supporting Magistrates' courts - we want lay magistrates, court staff, court users and district judges to get involved in this programme.
I want to know how we can ensure the courts are respected and valued and their orders obeyed; how we can increase public confidence; and how we can do more to connect courts with their communities.
Connected. Respected. Effective.
These issues are not simple. We know that not every crime can be prevented, nor every criminal caught. But to fight crime effectively, it is crucial that all criminal justice agencies work closely together. To address these issues we will need your input and your help. And to convince the public we are good at what we do.
That's why over the past few months I've been visiting Magistrates' courts across the country - in Coventry, Bradford, Ipswich, Greenwich and many more. I've met staff, district judges and lay magistrates. And I've spoken to members of the public - victims and witness, often families with children - who come to court to give evidence or to seek orders from the court.
And I have heard so much that would make us proud of the service we provide. Cases discharged promptly. Witnesses given proper support. Facilities which make the experience of going to court as tolerable as possible for children and their families.
But of course I've also heard concerns: the things we need to address if we are going to deliver the system we all want to see.
Could I touch on the main issues that we are looking at:
Firstly - we need to do more to ensure that Magistrates' courts are respected.
We need to be more open so that people understand the processes and procedures that can, to the uninitiated, seem distant or confusing. We need to make connections with people - the more people see and understand the work of Magistrates' courts and the important role of District Judges, the more they will respect the courts and respect judges.
We need to build on this - it is important that the community understands how and why Magistrates' courts reach their decisions.
We need to be alert to issues that need a different kind of response. We have established Anti-social Behaviour Response Courts in many areas, and we will be setting up more. We now have 41 courts up and running - they are able to deal with cases quickly and effectively. It shows that courts are making more and better connections with what matters to local people.
This is a really important development. The courts have, for a long time, dealt with crime - often a single incident such as a burglary or an assault. Anti-social behaviour presents us with a different challenge. The ‘victim' is often a whole area or a whole street. One occurrence of anti-social behaviour is bad enough - but the cumulative effect can drag a whole community down. It is the constant drone of anti-social behaviour that can hold back some of our most disadvantaged areas.
We do need a balanced approach. The legislation is there to enforce and uphold standards, but also to provide people with the support they need. The courts can't do this alone - other agencies need to play their part. Individual causes need to be addressed - mental health or drugs. And we need to look at the community as a whole - with investment in infrastructure and regeneration. Addressing the causes of crime and Anti-Social Behaviour
We are doing all these things.
But the community also wants us to take action and a clear message sent that specific incidents of anti-social behaviour are not something people should have to put up with. People need to have the confidence that where anti-social behaviour exists courts are taking the issue seriously. The increased use of Anti-social Behaviour Orders, dispersal orders and injunctions is sending just this message. Where the social contract has broken down, the courts are acting to repair the damage done by the minority of people who cause the majority of problems.
Similarly with domestic violence - specialist courts are also in place. And the Prolific and Priority Offender strategy, introduced in September also shows how we can respond to and react to new issues. It is vital people see and understand the positive impact of the decisions you make in court.
But, I pose the question, what else can we do? How else can we build greater confidence in Magistrates' courts and the decisions they make? How can we demonstrate the positive impact you have on your communities?
The second issue is how we can together ensure the Magistrates' Court is as effective as you want to be.
Ineffective trials, unnecessary delay, absent witnesses. Still too many cases are brought before you and are not able to proceed. All too often, these delays are avoidable by the agencies involved in preparing these cases. It's frustrating for you, for court staff and for witnesses.
We should keep a sense of perspective - the great majority of cases progress well. But, equally, one loudly-publicised ineffective trial can undermine the quiet success of a hundred well-managed cases. It's important we get this right.
The Effective Trial Management Programme has had a real impact. In Essex, for example, the number of ineffective trials is down by 75 per cent. The expertise you, as District Judges, bring in making sure cases progress and other agencies play their part is something we need to learn from.
We are getting better at treating members of the public who come to court, as witnesses, with the care and respect they deserve. This experience, good or bad, can shape a persons view of our criminal justice system for years to come.
Vulnerable court users need extra help. We've made real inroads - two-thirds of Magistrates' courts now have video links. But we need to do more. And we will do more. The better our processes within court and the better service we provide to witnesses, the better our courts will be.
What else can we do to ensure cases are ready to be heard? How can we help you to improve the way cases are managed and cut down delays? Is there more we can do for witnesses? Should you have a bigger role ?
I also want to hear your views on how it is we can ensure the Court Orders you make are respected and enforced.
One of the most important ways we can build respect is to ensure that fines are paid and that community penalties are enforced. We're moving in the right direction - 78% of fines are now paid; 84% of community penalties start within 10 working days. But we need to do more.
Operation Payback 2 - a national fine blitz - was launched earlier this month. We're working to get the message out that fines are not an option.
We are looking at Failure to Attend warrants. Do we need to do more? We are taking through an amendment to extend the powers of entry to Civilian Enforcement Officers. But do the courts need a bigger role in enforcing their orders?
Thirdly, we need to make sure that the magistrates' courts are fully connected into the communities they serve.
It is one of the Government's priorities that the diversity of the nation should increasingly be reflected in the diversity of its judges. A more diverse judiciary is essential if public confidence in the judges is to be maintained and strengthened. The aim must be to increase diversity, while retaining the principle of appointment on merit. We must encourage more talented individuals to apply for judicial appointment, whatever their background, so that we can be sure that the best are being appointed and the judicial system benefits from their talents and experience.
With that in mind, just a month ago - on 13 October - I published a consultation paper on “Increasing the Diversity of the Judiciary”. We want to hear from anyone with views on the issues covered in the paper, which include aspects of the appointments process and judicial working practices.
I hope that you have had the opportunity to read the paper - or at least the summary, which has been sent out to all serving judges - and that you will be able to let us have your responses by 21 January. The Department is currently running a series of roadshows around the country to publicise and seek responses to the paper, and I am pleased that a number of judges have been able to help us with those.
Diversity is more than just a buzz-word. Diversity can improve the way we deliver justice. It is undoubtedly a good thing to have a bench that has a healthy mix of different people. And the more judges mirror the communities they serve, the more they will be respected and valued.
But, nothing I do will dilute the merit of the judiciary. It is difficult to become a judge, and will remain so.
So these are the key issues we face. I know we share the same aim of ensuring courts are connected, respected and effective.
That is why I am here today. That is why I want your views. Any judge who wishes to put forward their ideas will be able to do so.
You should all have a questionnaire so you can feed in your views. And I intend to meet in person as many judges as I can.
It's an important time for all of us here, and for all of us involved in delivering justice.
The new unified court service is on the horizon and it presents us with a tremendous opportunity. It is a big, important change - bringing together, for the first time, all the judicial family.
I can offer my commitment today that we will work with you to ensure the transition is as smooth as possible. Throughout the process we will hold on to the things we do well, but we will make changes where we can do better.
Because what really matters is the impact we have on the communities who are on the receiving end of crime. The impact we have on the victims and witnesses who bear the brunt of people's criminal or anti-social behaviour.
Your role is a critical and valuable one. We will help you all we can. We respect you. I thank you for the work you have done and look forward to the challenges that lie ahead. Together, we can make a real difference.