Court Service swept away in proposal to unify system

BILL: plans outlined to increase powers to enforce fines

The Court Service is to be scrapped and replaced by a unified system combining magistrates' and Crown Courts, and drastically increasing powers to enforce court fines, under proposals unveiled by the Lord Chancellor, Lord Irvine, last week.

The Courts Bill proposes that magistrates' courts committees be swept aside and replaced with court administration councils - to include magistrates and other local representatives.

A uniformed courthouse security force would be created with powers to search, restrain, exclude and remove; new fines officers would be given responsibility for the management and collection of debts.

These officers would have discretionary powers to increase fines where there is continuing default, and order bailiffs to seize goods.

If people cannot pay, the courts would be allowed to impose community labour penalties.

Other provisions in the Bill pave the way for costs awards against third parties who cause cases to collapse or be delayed - such as newspapers - and single rules committees for family and criminal procedures to ensure that a uniform approach is adopted throughout England and Wales.

There is also provision for courts to make awards for periodical payments for future losses to allow people to receive compensation for as long as it is needed.

A Law Society spokeswoman broadly welcomed the Bill, but said there were some concerns, such as the ability to transfer cases to new locations.

She said: 'This may assist in getting cases heard more quickly, but decisions about allocation must take account of the interests of all the parties, including, for example, their ability to travel to the new location.'

Rodney Warren, director of the Criminal Law Solicitors Association, welcomed 'any arrangements resulting in consistency of management processes', but urged caution in allowing fines officers the right to second-guess the courts.

Jeremy Fleming