Government record on criminal #justice on trial 26/9/22
Government data
“Expenditure on criminal legal aid has reduced by £ 1 billion pounds since 2005/2006 (from £1.68 billion in 2005/2006 to £ 617 million in 2021/2021). This significant decline is reflected in this chart”
👇🏼
HHJ Raynor asked
“What then is the evidence of systemic failure and of the chronic and predictable consequences of underfunding?
“35.Treasury Annual Resource figures show a decrease of over 20% in funding for courts between 2010/11 and 2014/15, continuing through to 2019.”
Impact on victims of crime from Govt justice underfunding
HHJ Raynor cited Govt appointed @VictimsComm “criminal justice system that is severely and recklessly underfunded. And it is victims who are ultimately paying the price and will continue to suffer the longer this goes on”
Assertion repeated by @VictimsComm in person 23/9/22 in open letter to Government pre Monday’s judicial review
“little has been done to effectively tackle the enormous and catastrophic backlog of cases, particularly in the Crown Court where the most serious crimes are tried”
“This has exposed victims of these crimes to intolerable delay, anguish and uncertainty. It is no exaggeration to say that the criminal justice system is in chaos” @MoJGovUK Government appointed @VictimsComm 23/9/22 re
60,000 case backlog static for 1 year @HMCTSgovuk evidence👇🏽
HHJ Raynor reminded court that in early autumn 2020 @hmcts committed “outstanding jury trial caseload may be reduced to pre-Covid levels by March 2023”
So on @HMCTSgovuk data available then under 40,000 or at most 40,037 (end March 2020 but Covid shut courts 22/3/20)
“latest stated ambition is to reduce the Crown Court backlog by less than 8,000 cases by March 2025 House of Commons Public Accounts Committee stated, it remains unconvinced of the Department’s intentions to reduce waiting times in the Crown Court, given slow pace of recovery”
Here’s @CommonsPAC key point on reducing backlog at all “significant, systemic challenges that threaten its achievement including having enough judges, legal professionals and local staff to support criminal courts” made 9 March 2022
Over 6 months ago
👇🏾 committees.parliament.uk/publications/9…
HHJ Raynor 8/9/22 cites Lord Chief Justice evidence @UKHouseofLords 16/5/22 “we’re struggling to deploy judges and the legal profession is struggling to deploy lawyers. So those are really big capacity issues which we’re still grappling with” here 👇🏼
LCJ first warned 16/11/2021 !
Lord Chief Justice 16/11/21:
“systemic problem, both with judicial resource and lawyer resource that has got to be dealt with.”
“a problem in the criminal legal profession, and the likely reason is the relentless reduction in real rates of remuneration over the last 15 years”
HHJ Raynor on @MoJGovUK data “Underfunding-Cases not proceeding due to lack of advocates 43. Between January and March 2022, 370 trials were postponed, due to the lack of a prosecution or defence advocate. 11 This was prior to the commencement of the current action in April 2022”
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In her words @VictimsComm
“little has been done to effectively tackle the enormous and catastrophic backlog of cases, particularly in the Crown Court where the most serious crimes are tried. This has exposed victims of these crimes to intolerable delay, anguish and uncertainty”
“was notable that the former Lord Chancellor had not met with me once since February. The lack of engagement from the top at a time of great upheaval for victims reflected poorly on the Ministry of Justice’s priorities and the government’s approach” in her own words @VictimsComm
“I am grateful to the former Secretary of State, David Gauke, and Prime Minister, Theresa May MP, for appointing me to this role. I pay tribute to the professionalism and dedication of officials and of the victims’ sector who work tirelessly to improve the position of victims”
“In her judgment, she set out very clearly that this was a funding issue and was not a just and sufficient cause in order to extend the custody time limits for the defendant.
7. The concern of those who practise at the Criminal Bar at the levels of remuneration for defence work has been longstanding, whether that is justified or not. As a result the government set up a complete review of criminal legal aid”
“chaired by Sir Christopher Bellamy. In his report, dated 29th November 2021, he stated at paragraph 7.11:
“In my view the best immediate option to de with the issue of sustainability of criminal legal aid is to properly fund the present system and reform the fees structure...”
Just how discriminatory “Extended” Operating Hours comes from a request by a Crown Court in SW circuit to list a trial in a Hampshire Crown Court for 9am. Counsel for CPS and defence would have to take a 430am train from London to make it on time - a @TheCriminalBar thread
The only reason no date can yet be found - with judge still wanting a 9am court start no one can make (after starting work 4am and ending 11-12 the night before) is cuts to capacity in 2019/20 means no dates even for 2021 can yet be found given backlogs
The junior barrister, 3 years qualified, who tells me this, is battling and has battled against odds to come to the criminal bar - mum a single working parent, state school, hard south london estate, huge student debts - and wonders how long she can hang in just as we need her
“There is only one solution. It is money. Provide proper levels of funding for all the institutions within the system, particularly, the bar after a generation of cuts and in order that the criminal courts open and remain so” @TheCriminalBar chair @muljam23 JamesMulhollandQC MM
“In April 2020, the Institute for Government published a report into the Criminal Justice System... “[w]ithout subsequent additional spending, there will be bigger case backlogs – and therefore delayed justice – indefinitely”. @TheCriminalBar chair James Mulholland QC citing IfG
types of cases populating the system and subject to considerable delay are important Serious cases dominate These are real people, both complainants and defendants, trapped in limbo unable to move on with their lives All are victims of a government impervious to their suffering”