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27 January 2020
Categories: Legal News , Profession
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Courts rattled by delays & disruption

A report into the Western Circuit has painted a devastating picture of the state of criminal justice with trials being listed months into the future, trials vacated at the last minute and courts double-listing cases in the expectation that one will be adjourned

‘This doesn’t look like justice’, published by the Western Circuit, reveals how cuts and closures have taken their toll. In the past year alone, sitting days in the Crown Court have been reduced by 15%, which means court centres that used to three or four courts are now running two or three courts. Exeter, for example, has lost 200 sitting days in three years.

However, the reduction in courts has not been matched by the reduction in workload. Consequently, adjournments are at a record high, causing distress to witnesses and complainants and financial hardship to advocates.

The disruption and delay means witnesses in some courts are having to wait nearly two years before they can give evidence. Even short trials are taking nine months to come to court. The juggling that judges must do to accommodate the lack of resources is adding to delays―three-day trials are taking four days on average. Police resources are being wasted as officers attend court on stand-by only for their evidence not to be heard.

Less complicated cases are trumping more serious ones due to the lack of court time coupled with time limits on custody, for example, the report notes ‘it is relatively common for a defendant accused of historical sexual offences to be on bail, while a burglar may well be in custody. The burglary trial would trump the sexual offences trial, regardless of the number or vulnerability of witnesses in the sexual offences trial’.

Chair of the Bar Council, Amanda Pinto QC said: ‘This is a national issue which is fast becoming a national crisis.

‘Currently, crime is rising but courts are sitting empty. We are seeing an increasing time gap from an offence allegedly being committed to the end of the court case. The many months of delay and the false starts in hearing cases, are undermining effective access to justice for all those caught up in the criminal courts.

‘This trend must be reversed. Investment must be made across the whole of the criminal justice system. With thousands more police and many more CPS prosecutors due to be recruited and, as a result, more crime likely to be detected, investigated and prosecuted, how will the justice system cope when our courts can’t function effectively now?’

 

 

Categories: Legal News , Profession
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