The government of embattled prime minister Sir Keir Starmer today signalled its intention to proceed with reforms to the criminal justice system. As widely expected, the King’s speech also included a promise of legislation to reform leasehold, including the capping of ground rents.
A Courts Modernisation Bill will make 'significant reforms' to the the criminal justice system, the speech announced. In effect it will carry over the Courts and Tribunals Bill from the previous session, including its controversial reforms to trial by jury.
The government said the new bill will remove the right of defendants to elect for a Crown court trial in ‘either way’ cases; extend the sentencing powers of magistrates’ courts and replace the automatic right of appeal against a conviction or sentence in magistrates’ court. It also introduces audio recording in magistrates courts.
It will create a new tier of the Crown court, the ‘Bench Division’ to hear cases likely to involve a custodial sentence of three years or less as well as ‘suitably complex and lengthy fraud and other financial cases’
Other legislation proposed to the session of parliament which opened today will include bills:
- to strengthen ties with the European Union [European Partnership Bill]
- to reduce the burden of unnecessary regulation through innovation [Regulating for Growth Bill]
- to introduce Digital ID to modernise how citizens interact with public services [Digital Access to Services Bill]
A Public Office (Accountability) Bill will introduce the so-called ’Hillsborough Law’, creating a duty of candour for public servants.
An Immigration and Asylum Bill will, among other measures, create a new independent appeals body, staffed by ‘professionally trained adjudicators’.
Notable omissions in areas of interest to the legal profession were legislation to reverse the Supreme Court’s PACCAR ruling on litigation funding and any measure to strengthen powers against so-called SLAPPs, or strategic litigation against public participation.
Nik Williams, co-chair of the UK Anti-SLAPP coalition said he was ‘deeply disappointed’ but he lack of any legislative commitment. ‘This omission effectively means efforts to tackle this issue remain stalled, despite previous commitments by government officials to the contrary, and crucially leaves too many people vulnerable to being silenced for speaking out in the public interest.’
Commenting on the Courts and Tribunals Bill, bar chair Kirsty Brimelow KC said: 'The Bar Council has urged the government to drop its plans to reduce jury trials and instead introduce specialist sexual offences and domestic abuse courts. Setting up rape courts was in the Labour party manifesto. Removing jury trials was not a pledge.
'Priority listing of cases comprising vulnerable witnesses is an approach that’s already been shown to reduce delays in those cases. There is growing evidence that the Crown court backlog is being brought down simply by the action of opening up closed court rooms. It is therefore irrefutable that investment, and addressing the inefficiencies plaguing the system, will reduce delays and the backlog of cases, rather than wasting time and resource on an unnecessary changing of the criminal justice system structure.
'If the government doesn’t invest in the lawyers who defend and prosecute cases, we will see them leaving the criminal bar which will lead to more delays in the system. Delays occur in court when cases are adjourned because of lack of a barrister to prosecute or defend.
'The Bar Council renews its call for investment in the justice system as a vital public service and again underlines the bar’s steadfast opposition to reducing jury trials and adding to the accelerating backlog in the magistrates’ courts.'
This article is now closed for comment.
7 Readers' comments