header-logo header-logo

31 October 2019
Categories: Legal News , Procedure & practice , Technology
printer mail-detail

Pause needed on courts modernisation

The court system is ‘in administrative chaos, with serious staff shortages threatening to compromise the fairness of proceedings’, according to evidence given to MPs on the court and tribunal modernisation programme.

The Ministry of Justice courts and tribunal modernisation programme aims to introduce more IT and online services while closing existing magistrates’ courts and buildings.

However, the Justice Select Committee’s report on ‘Court and Tribunal Reforms’, published this week, warned that planned ‘deeper staffing cuts’ must not go ahead and expressed concern about delays, for example in processing divorce petitions.

Between 2010 and 2018, half of magistrates’ courts and more than a third of county courts closed, which has created ‘alarming difficulties’ for many court users, the committee found, forcing them to travel long distances on sometimes unreliable public transport and sometimes to spend up to 12 hours of their day doing so. Moreover, existing court buildings ‘are dilapidated and sometimes lack the basics, such as facilities for disabled users’.  

The committee recommends that ‘pop-up courts’ in non-traditional buildings be established in every area where there has been a court closure in the past ten years. It wants all planned closures halted until the impact of previous closures has been reviewed.

While better use of IT is long overdue, the committee found that ‘poor digital skills, limited access to technology and low levels of literacy and legal knowledge’ raise barriers to digital services, and HM Courts and Tribunals Service (HMCTS) ‘has not taken sufficient steps to address the needs of vulnerable users… face-to-face support is essential’. It recommends that the proposed ‘network of assisted digital online centres be extended to deliver comprehensive national coverage with walk-in access’ by April 2021.

Committee Chair Bob Neill MP said: ‘We understand and support the principle that modernisation is overdue. But we ask the government to pause for breath to make sure that everyone of us who needs the court system―to manage a divorce, to seek fair payment, or to get through family cases and criminal cases―must be able to get to court, to access justice, where and when they need to.’

National Chair of the Magistrates Association, John Bache JP said: ‘We share the concerns set out in this report about online pleas, holding remand hearings by video and how access to legal advice can be ensured when defendants are participating online or via video. These concerns must be addressed before these reforms are taken forward if the reform programme is not to compromise access to justice.

‘We strongly support the recommendation of this report that there should be no further court closures until the impact of previous closures has been assessed. Justice should, wherever possible, be administered locally and many courts are already worryingly remote from the communities that they serve. Video technology has a role to play but it is important that courts remain genuinely accessible to victims, witnesses and defendants, enabling them to attend in person.’

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll