HOPE OVER DESPAIR

Justice to many people is reading or hearing of the apparent ever lengthening sentences handed down to rapists, terrorists and child murderers.  As of 18 January 2021 Kit Malthouse said that there were 13 million person records, 58.5 million driver records and 62.6 million vehicle records stored on the Police National Computer [PNC]. The PNC is currently directly managed by the Home Office.  According to a Ministry of Justice extract of PNC data there were 9.4 million offenders of working age (16-64) with a nominal record as opposed to the population of 42.4m.  I suppose it can be assumed that around 40%- 50% of the adult population can be considered as having at some time been classified within the system as offenders the majority of whom will have been registered as guilty at a magistrates court hearing.  

There are around 14,000 magistrates, 140 District Judges{MC} and a similar number of Deputy District Judges {MC}. With the backlog in summary matters reaching chaotic proportions the MOJ is once more scratching its bewigged head in how to expedite the situation before its total collapse.  Legal eagles of all denominations will be crying "here we go again".  This time Sir Brian Leveson, he the author  of the controversial "Leveson Review" of 2012   has been handed the poisoned chalice.  Disregarding the closure of half the country`s magistrates courts and apart from such minor changes as increasing magistrates courts sentencing powers from 6 to 12 months custody and then reversing that decision a short time later, the integration of  the courts into His Majesty`s Courts and Tribunals Service, the introduction of digital technology has probably been the main updating of the whole system.  

At the turn of the millenium Lord Justice Auld was similarly charged.  At that time there was relatively little pressure on the system as we now understand it.  The review was more an intellectual exercise in improving what we had by examining existing resources.  As far as magistrates were concerned the general political argument by the then respected Magistrates Association was the more power to jail offenders the better.  From Auld`s point of view the structure of the courts, the utilisation of manpower  and the costs were his paramount concerns.  There is speculation that the impending review might recommend an intermediate level of jurisdiction where a District Judge would preside assisted by two magistrate wingers as is the composition  at crown court appeals where the judge is of the crown court or a recorder.  I can confidently predict that the M.A. would resist that and be prepared "to die on that hill."  Indeed Auld himself rejected that innovation. 

"I recommend that in the exercise of their summary

jurisdiction:

• District Judges and magistrates should not routinely

sit as mixed tribunals to deal with the general range or

any particular type of case or form of proceeding,

though there may be training and local ‘cultural’

advantages in their doing so from time to time"

But that was then and this is now.  There is little doubt that district judges sitting alone without the need for a legally qualified clerk would cost not much different from lay magistrates` expenses plus the salaries of legal advisors. They would also get through more work without the need to retire as often or confer. There is also the question of whether the intellectual quality of the magistracy is as it was a generation ago now that there is high pressure for Diversity, Equity, and Inclusion (DEI).  

Lord Justice Auld`s Review was masterful in his analysis of the magistrates courts.  The impending exercise will have a political blueprint as much as an economic or judicial point of view.  It has been ordered from current weaknesses; its predecessor`s was from a neutral position.   My experience tells me that a majority of criminal lawyers would welcome the limiting of the lay magistracy to non custodial matters.  Indeed they would probably welcome the Scottish form of a Justice of the Peace who hears cases limited to theft, minor assault, antisocial behaviour and road traffic offences where their powers are limited to fines of up to £2,500, prison for up to 2 months, disqualifications and unpaid work in the community.

Although at this time of year hope should overcome despair, for most of the public all this will appear to be a new government`s further attempt to move on from the previous ineptitude of the last 13/14  years.  With the history of the failures at Petty France in full view who can say that that opinion has no validity? 

Finally I thank those who give me some of their valuable minutes to read my opinions.  Whatever one`s religious or non religious affiliations please respect and enjoy the peace and goodwill associated with Christmas and New Year.