Monday Message 29.06.20

PUTTING JUSTICE FIRST:

We salute the Criminal Bar; We applaud its resolve; We recognise its self-less approach. In a time of huge uncertainty where barristers have had no income for three months, have received no government bail-out and have difficult choices ahead, it would have been so easy to capitulate and say “oh go on then, it doesn’t really matter” and that is precisely what you have not done.

The Criminal Bar Association ballot results are a testament to the unity of the profession against the scrapping of jury trials, where the dismantling of the criminal justice system was far easier than confronting the government created problem, where regime after regime has taken an axe to the budget. It beggar’s belief that the removal of 800 years of quality justice for the public and delivered by the public is contemplated as “inconvenient” and might be removed at the click of someone’s fingers.

The Criminal Bar Association is united in its rejection of the idea of the scrapping of the jury system and is united in helping plans to open many more courts in extra buildings beyond the existing court state. Surely, we can stop wasting our time on this subject?

Headline results from the ballot of practising criminal barristers:

• 92.24% turnout rejecting further government cuts to jury trials while helping open new buildings for courts to get the criminal justice system back on its feet for the public.

• Record turn-out equalled that of last year’s CBA ballot over action on fees.

• 95%, the vast majority of criminal barristers, back a government proposal to open many more buildings on top of a maxing-to-capacity of the existing court estate for criminal hearings.

• Only 6% of the 2423 members who responded / would consider supporting a proposal to temporarily reduce jury numbers.

Full results of the CBA ballot can be found here.

TOOLS IN THE BOX OR SPANNER IN THE WORKS:

We know that the Lord Chancellor who appeared before the Criminal Justice Select committee last week is not in favour of the removal of juries. That he wants to do the right thing. The right thing is to let us get on with our jobs. The spanner in the works is Treasury. Every aspiration, every aim below needs financial assistance.

BLACKSTONE COURTS –
WE CAN DO AND WILL DO:

We desperately need more buildings from which to work. We need imagination and a “can do” attitude from those who are involved in the reconnoitre of the buildings. We can “sweat” the estate, but we also need the resources, put on the table to fund those additional buildings.

We have welcomed innovation and have been we have been helping from the off, because we know that this is without doubt what we should be doing and have been so doing. We support the utilisation of buildings across the estate and the obtaining of more. We are part of that solution but let us get on with it. We do not under-estimate in anyway, that this is for HMCTS and the CBA, a massive logistical operation to re-allocate court space across jurisdictions, but we are all helping. It can be done and will be done.

WHAT IS THE COURT ESTATE CAPACITY?

Each time there is an amendment to social distancing, or we have an improvement in our ability to protect ourselves from this disease, there will be an impact upon our ability to operate in the space that we have available or can access. It must have seemed obvious to all of us last week when there were the announcements from the government as to the changes, that there would be some impact, perhaps not as much as some would like but certainly some impact and in an improved way. We have asked for the modelling that is available now and that which will be worked up with the changes in mind. There are tests being undertaken in Leeds as to the use of screens.  We also need to remind ourselves that as HMCTS come back to an increased compliment of staff, that the remainder of the closed courts or those which were suspended will also come back on line. All of this helps, it is not a perfect science, but the reduction from 2 m ought to have some impact. When we have information, we will pass that on.

MAXIMISING THE COURT ESTATE:

Mrs Justice McGowan, is leading a team which will be reviewing the use of the court estate as it is being deployed at the moment. We need to maximise every bit of space. This is a practical exercise and this team will be looking at the entirety of the court estate. The visits start next week with visits to courts in the North East as a potential.

We need to remind ourselves that there is a lot of understandable caution, but, the sharing of ideas as to court layouts is an area which once discussed can yield results.  I have been told that I can say in terms that If there is a problem in the area in which you practice eg there are not enough trial courts in buildings which seem obviously capable of conducting trials or  you have a workable solution, let us know or if you know of a building close to the court which could be used as a form of venue, please send in details. Do not be shy in coming forward with solutions and ideas.

Send your suggestions in here

You know we went on ad nauseum last year about sitting days. We need to see Recorders sitting. Why are they not sitting now, dealing with POCA cases which are being routinely taken out on the basis that there is no Judge?

Come on, there is here a simple solution to that type of case? Set the Recorders to work, open up the other courts and if such a hearing can be done remotely…..DO IT!

So the Criminal Bar has its shoulder to the wheel, pulling alongside HMCTS, but goodwill is exhaustible and we cannot run forever on vapours. Now MOJ must go to Treasury and ensure that they “pay up”, to keep us all aboard so that cases do not sink by the wayside, never mind ourselves.

Please submit your questions.

You may want to ask about: