Could cost-cutting in the courts threaten justice?
by Brad Askew, 13 December 2011
Last week, I discussed the Government’s proposals towards magistrates handing out summary justice in police stations via video link. Also last week, the Chief of Crown Prosecution wrote to all solicitors in London informing them of a pilot scheme being rolled out in London by January with the intention for the scheme to soon be used country wide. The scheme is being described by criminal lawyers as “unfair and aggressive”. The blanket scheme which will affect every type of case will aim to push all interim hearings in to one session before the trial is heard. This is likely to be unworkable in many cases and is likely to be a barrier to justice.
Other elements of the cost cutting initiative include restricting paperwork that is given to allow defendants to build their case. The defence council are normally given full transcripts of police interviews, the new “Stop Delaying Justice” initiative states they should only receive summaries. This may indeed delay proceedings as defence teams battle to acquire the information they are entitled to before the trial.
The initiative also affects the minefield of “hearsay evidence”, with the requirement for defendants being given written notice of hearsay evidence to be removed. It is difficult to understand what costs this will cut, except perhaps the paper the notice is written on – especially considering the delays to trials this will result in as defence teams scramble to respond when hearsay evidence is dropped on them.
The initiative will also stop the routine calling of witnesses, including police officers, unless witnesses are “really needed in relation to genuinely disputed relevant issues”. Under the new guidelines there is still potential for the defence to request relevant police officers attendance.
The Criminal Bar Association has been highly vocal in its opposition to the new guidelines with Chariman Max Hill QC stating:
“There are some procedures which cannot be rushed...when defendants plead not guilty, the introduction of bad character or hearsay evidence can be both crucial and difficult.
“The Court of Appeal has repeatedly emphasised the importance of transparency in bad character applications, so that the defence is aware of all of the contributing material... We must be careful to ensure that the interest of speed does not overtake the necessity that justice is not only done, but is seen to be done.”
According to the Daily Express, who have described the delivery of the policy change as “under the radar”, some Lawyers are planning to boycott the proposals warning that the proposal will result in miscarriages of justice in the form of wrongful convictions and wrongful acquittals.
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