COURT DELAYS
The
government is bewailing the fact that there is a huge back-log of cases going
through the courts and are proposing some radical moves to reduce the numbers
awaiting trial.
Before
getting into a discussion on these 'suggestions', currently being advocated by the former lord chief justice Lord Thomas, it's
worthwhile considering how the government got itself into this mess in the
first place.
Since 2010 the government has closed over 50% of court house
across the country and reduced the number of magistrates from over 25,000 to
less than 10,000 in the same period.
Between 2022 and 2023 government spending on the provision of justice was over 30%
below what it should have been to keep
pace with inflation, population growth, and the economy.
So who
should be surprised that with less courts, less justices and less money, cases
are not being processed at the rate they were previously. Well apparently lord justice Thomas and the former
high court judge Sir Brian Leveson, currently conducting a review
into court provision, are surprised,
and have some radical solutions in mind.
Although
one solution that they will not consider for fear of upsetting their
ex-colleagues on the bench is making the courts more efficient. Heaven forfend
that Crown Courts aught to do a fair day's work for a fair day's pay.
I
have, when I was a sitting magistrate, sat many times in Crown Court and have,
without exception, been appalled at the general apathy and lack of purpose
exhibited by the judges.
Forget
all you've seen in Judge John Deed, that's about as realistic as Star Trek!
The
reality is that courts are generally scheduled to start at 10am, but rarely, if
ever do. By the time the judge has read some cases papers, which he could
easily have done beforehand, dealt with some trivial matters held over from a
previous day, which any competent clerk could do, it is nearer eleven by the
time a case is 'called on'.
Assuming
that all proceeds as it should the judge retires for lunch at 12.30pm, provided
free in the on-site judge's dining room - no dashing into town for a sandwich
for his honour!
Court
re-convenes at 2pm and sits through until 4pm when the judge calls in a day and
goes home.
Even
with a smoothly run court with nothing to upset progress (a rarity in itself)
that's an effective three and a half hour working day, or half that of any
normal 9 to 5 office worker on a tenth of the judges salary.
If
the ex-judge
Sir Brian Leveson had any real intent to reduce the court back-log he
could simply suggest, and the government
insist, that courts start prompt at 9am, work through until 1pm, take 1 hour
for lunch and sit in the afternoon until 5pm, a total of 7 hours court time - or
put it another way, a 100% increase on the present practice, which I suggest
would go a long way to reducing delays.
But
no!
No
judge is going to suggest his ex-colleagues actually work for a living, instead
the proposal is that for all but the most serious cases, which the Crown Court
could supposedly manage at its current level of inefficiency, we abandon the
centuries-old right of a citizen to be
tried by a jury of his peers.
Instead
what is proposed is that there should be 'intermediate courts', a practice abolished
in 1971 when the Quarter Sessions courts were
closed.
These
courts would sit without a jury and instead be presided over by a judge sitting
with two magistrates.
Leaving
aside the abandonment of the right to trial by jury some interesting problems
suggest itself to me, if not to the (supposedly) learned judge.
Firstly
the government has closed 50% of the country's court rooms, so where will these
courts sit? For every 'intermediate court' sitting in a court room would mean
one less court room for Crown Court jury trials - how this would reduce Crown
Court delays escapes me.
Secondly,
every judge sitting in an 'intermediate court' is one less sitting in the Crown
Court - same puzzle as above.
Thirdly,
the proposal means taking two magistrates, and they will likely have to be the
most experienced and senior magistrates, out of the magistrates' courts, where
all cases, no matter how serious, begin their journey through the judicial
system, bearing in mind that in its
wisdom the government has reduced the number of magistrates by 60% over the
last ten years.
So
to speed up Crown Court through-put they will reduce the number of available
court rooms, the number of available judges, and make transit through the lower
court slower by taking away a large number of the most experienced magistrates!
Umm!
A good job the esteemed judge is not employed in a time and motion exercise.