It was with a perhaps muted fanfare that recently the now former Lord Chancellor [the 11th since 2010] announced that there would be set up a new level of intermediate criminal court over which a District Judge[MC] would preside with two lay magistrates as wingers. After a mixed reception from the legal profession all has gone quiet on the proposal. If, however, the concept were to materialise there are many questions arising.
Currently DJs sit alone answerable to no one excepting themselves, their conscience and the Appeal Court or Judicial Conduct Investigations Office. That will not change. What will change will be training programmes for DJs. Just as Crown Court judges have training for sitting on appeals with two magistrates as wingers to deal with fact finding and/or sentencing similar training will be necessary for DJs. This will be conducted through the Judicial College. Crown Court judges’ training covers criminal procedure, sentencing, appellate review and the particular role of the Crown Court when exercising appellate jurisdiction from magistrates. It is not unlikely that DJs are likely to receive similar training for serving in any newly proposed intermediate courts alongside magistrates but with some important caveats. The Criminal Courts Review explicitly recommended that, in the event of structural changes such as creating a unified Criminal Court joint training for District Judges and magistrates would become necessary. It suggested that the Judicial Studies Board should oversee the development of such training and involve DJs actively in training magistrates as well. I remember all too well that at my court we were fortunate to have two DJs who excelled at training sessions; indeed who put those who professed specialised qualifications in such tasks as rank amateurs. Magistrates will also need refreshed training to work effectively in these new intermediate courts covering collaboration, sentencing responsibilities and procedural changes. I would opine that experienced magistrates who undertake chairing responsivities as presiding magistrates might be dismayed if such sittings are much reduced. Perhaps there will be a two tier structure. Currently interested parties can only speculate.
If intermediate courts are introduced (handling either-way cases that might otherwise go to the Crown Court for jury trial) then this immediately raises the number of sitting days required from DJs and consequently additional DJs would likely need to be recruited to ensure availability and avoid bottlenecks. There is a possibility that magistrate recruitment might be affected. In the last two years over £1 million has been spent on such efforts. Sitting in a more “serious” jurisdiction (cases that would otherwise go to the Crown Court) may make the role more attractive to volunteers but on the other hand such cases can be more time consuming which could deter younger people sacrificing earning potential but encouraging older and/or retired JPs to offer increased sittings.
As with selection of magistrates qualified to sit on Crown Court appeals there might develop a two tier system for the proposed new intermediate court where a higher level of experience and competence will be needed to sit as a winger: a Premier League and a Championship? The driving forces for the proposals are the unsustainable backlog at Crown Courts and the reduced costs of summary versus jury trials. However the increased costs of employing the additional DJs required would go some way to mitigate the hoped for savings.
In the long run this might have the negative effect of reducing the participation of magistrates in all but the most minor offences and be a stepping stone to a completely professional judiciary. For many criminal lawyers it would be an overdue and welcome positive effect. All this speculation might be premature. As of now there’s no sign of consultation or training course outlines specifically tailored to the proposed intermediate courts. Considering that this nation`s justice system is now operating under its 12th boss in 25 years is it any wonder that chaos reigns? On the 6th prime minister within that same period only adds to the disfunction of the political environment which has resulted.
Without Justice the concept of a free democratic society is a chimera. Even when the J factor is still alive and occasionally kicking there must be public confidence in its function. That confidence is daily being eroded. It`s hard to see how the proposed court changes will be of value except in the balance sheet at the Treasury.
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