Yesterday I published the latest post of a magistrate`s diary: A NEW BEGINNING WITH A NEW SECRETARY FOR JUSTICE? This was written 13th May 2010. Four days previously as a result of the general election on that day the Tories regained power after thirteen years of Labour government. Thus began an age of austerity subsequent to the recent banking collapse which was almost an existential end to two generations of economic growth following the end of World War 2 and the collapse of the Soviet Union in 1991. The newly ensconced Lord Chancellor Kenneth Clarke was proud to announce ahead of all his cabinet colleagues his departmental budget reduction for the following year. Altogether 23.8% (£2 billion) was to be cut from the previous money pot. Immediately a programme of economies followed including limits on recruitment at the Crown Prosecution Office and legal aid. In June the ministry announced plans to close more than 150 of the 530 courts in England and Wales. In a major speech the following week Clarke made it clear that the prison population was too high. Changes were initiated which effectively allowed offenders to walk free from what would have been previously an immediate jail sentence. Those with a more thorough knowledge of our justice system than I ever possessed were scathing in their opinions: they asserted that the economies to be expected would be false ones. Cutting legal aid would simply lead to more litigants in person. Cases would take longer and court costs would rise. Vulnerable children would be at greater risk. There would be more miscarriages of justice costing huge sums to investigate and put right. How prescient were those commentators. 162 of the active 323 magistrates courts in England and Wales in 2010 have shut with predictable results. Waiting times have gone through the roof. Those on low income have been denied legal aid, travel times and therefore costs for staff and witnesses have increased against assurances propagated by a press office`s regurgitation of information that would have made a Pravda reporter in the former USSR feel comfortable. At its heart justice is a function of the state. Apart from the armed services it is not like other public services which can be handed over to the private sector. Justice is a pillar of a democratic society. When the public lose confidence in its efficacy the future is dire.
Literally at the time of writing a new prime minister is kissing hands with the monarch. Within 24 hours we will be informed whether or not the current incumbent Brandon Lewis retains his position at Petty France or whether the 10th Secretary of State at the MOJ since 2010 will be appointed. In any event what changes affecting magistrates will take place during his/her occupancy and what would be desirable? Non payment of the BBC license fee will be decriminalised; a long overdue realisation that an outdated financing model for that organisation cannot be enforced by outdated legislation which to say the least is unjust for so many caught up in its rotten tentacles. The iniquitous Single Justice Procedure is likely to be offered to miscreants presenting for a wider range of offences that at present. The increased sentencing powers available to magistrates court benches (two years custody) was met with howls of rage from the legal profession. I have some sympathy with them owing to the likely diminished quality of Justices of the Peace currently being appointed on a mass basis with questions being asked over a tendency for "diversity" being a criterion in the minds of advisory committees. However the necessity of defendants being able to have legal assistance when they need it be it because of the seriousness of charge to be faced and/or an inability to self fund that assistance is in my opinion fundamental to a society retaining confidence in those who judge them in court. The concept of the level playing field of justice and an equality of arms to decide the outcome of trial is no longer realistic when lawyers cannot afford to appear in a court to speak for defendants owing to the derisory fees on offer. Magistrates must have the confidence to be more interrogative when it becomes apparent that a miscarriage of justice is a possibility owing to a witness`s or defendant`s inability to express his/her thoughts in an acceptable or appropriate manner.
With so many factors in front of him to be tackled before the next general election it is unlikely that activities of the Ministry of Justice will make headlines or that the new prime minister would want them to. Plus ça change, plus c'est la même chose.
ADDENDUM 13.15 25TH OCTOBER
Current Justice Secretary Brandon Lewis has resigned. Look forward to Lord Chancellor number 10 at Petty France since 2010
No comments:
Post a Comment