Posts Tagged ‘ criminal justice ’


DEATH BY ONE AND A HALF THOUSAND CUTS

Written by admin
August 17th, 2019

The latest stealthy slice to be taken out of the criminal justice system comes in the form of a reduction of Crown Court hearing days.

We all know that to run a Crown Court is expensive.  We all know that to close a Crown Court will save money.  Unfortunately, closing a Crown Court means that cases are not heard, which has very little cost in financial terms but often huge costs in terms of the effect on defendants, complainants and witnesses, their emotions and their general wellbeing. It also means of course that neither Counsel nor solicitors are in a position to submit a bill, because a hearing has been postponed and the case has not been finished.  In some courts this means that the case will have to be put off for another eight or nine months, awaiting a trial slot. This inevitably means that the expense of prosecuting the case and defending it is moved skilfully into another tax year.

How many Crown Court hearing days do you think have been cut from the next Crown Court year?  Perhaps you think 1,000, or maybe 2,000, maybe as many as 5,000 – but surely not as that would obviously be unjust.  Perhaps you think 7,500 or even 10,000, but yet again, surely both of those figures are utterly unbelievable.  If you were to think 15,000, in short, you would be right.  Yes, 15,000 Crown Court hearing days have been cut from the next judicial year.

That’s 15,000 days when cases could be concluded, when witnesses could be put out of their misery, when complainants could get closure, when defendants could move on with their lives, be it in custody or as free people.  That’s 15,000 days when rehabilitation might have started or punishment might have been meted out.  Thanks to the Ministry of Justice and arguably the Treasury, all of these things have to be put on hold, whilst money is lavished on health, police, the armed forces, and who knows what else.

Who needs reasonableness!

Written by admin
November 22nd, 2018

We all know that knife crime is on the rise. Not to the levels of Victorian times, not to the levels of 1993, when criminal offences across the board were at their highest. In fact, knife crime is rising towards the levels experienced in 2010 and 2011.

It is obvious that the government wants to “do something”. Legislation imposing vaguely mandatory sentences on those convicted of carrying bladed articles or offensive weapons for a second time has been a future of the sentencing process for many years.

Not satisfied with this removal of discretion from the judiciary, the government now wishes to attack a different part of the criminal justice process.

Certainly, out of nowhere, there are calls for a re-evaluation of the old “stop and search” powers. This much malign and often inflammatory procedure has, in recent years, been kept in check by the requirement for police officers to have a “reasonable suspicion” before stopping or searching an individual. A number of members of the government are now suggesting that the requirement for a “reasonable suspicion” be removed.

Any action that can be carried out unreasonably, or without the use of reason, is obviously likely to lead to concerns and difficulties. Imagine that someone allegedly acting in “self-defence” did not have to show that they had acted “reasonably” just that they had acted in self-defence. What sort of mayhem might ensue?

Where the power to be used “unreasonably” is a coercive power, as in the case of stop and search, the perils for us all are enormous. Those of us who remember the Bristol riots around the Black and White Café, the Brixton riots of the early 1980’s and the Toxteth riot of similar vintage remember just how much violence and disorder ensued from the hatred and loathing that had built up after the misuse of “stop and search” powers.

If widespread civil disorder and a break down in the relationship between the police and the public are the price to be paid for this cack-handed attack on knife crime, it may be felt that the account would soon become unbalanced.

STUMBLING CPS GIVEN A LEG UP BY MOJ

Written by Sian Hall
February 16th, 2018

In recent times it has become apparent that many cases are either failing or being brought to court late as a result of difficulties and deficiencies within the Crown Prosecution Service.

This week, the Today programme was told that over 900 cases have failed in the course of last year because of lack of disclosure. Repeatedly, courts see charges being laid that do not match the facts leaving cases apparently under or over prosecuted. Time and again the Crown Prosecution Service rely on the courts to sort out the difficulties.

It has recently become apparent that a substantial budgetary increase has been afforded to the Crown Prosecution Service to enable them to recruit staff nationwide. Promises of rising pay scales and advantageous pensions are being dangled to lure lawyers on board.

The reality is of course is that most lawyers who are in a position to join the Crown Prosecution Service will either come from the independent bar or the defence community. By offering newly revamped salary packages, the Crown Prosecution Service inevitably put a strain on the defence community by drawing in-house some experienced defenders who are looking for a life without on-call commitments and day to day contact with some particularly difficult clients.

These defence services have struggled to recruit, fighting a losing battle against employers in the civil, commercial, private client, and even family areas, where instant fees can be significantly greater than those available to the average defence firm.

Whilst skewing the marketplace and slanting the playing field in the way that they are doing, the MOJ simply bring more stresses and problems to a different part of the criminal justice process. An equal distribution of funds between the Crown Prosecution Service and the defence community would obviously seem the more appropriate way of ensuring that the entire sector is well staffed. Instead of this, the MOJ have sought to impose a further legal aid cut on the very firms keeping the system afloat.

The only good news is that retention amongst Crown Prosecution Service staff, including those who have joined in the last three to six months, is poor. The lack of job satisfaction, the factory mentality, the lack of thanks and appreciation and the poor morale etc, within the Crown Prosecution Service have seen a number of new joiners leave forthwith, with some of them asking to return to their former posts.

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