A report set out performance by the new Department for Constitutional Affairs against public service agreement targets since the targets came into effect on 1 April 2003. It said the department had made 'good progress' towards improving customer satisfaction in the courts, reducing the number of ineffective trials, and speeding up the appeal process in asylum cases.
Source: Autumn Performance Report 2003, Cm 6094, Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Report (pdf)
Date: 2003-Dec
A report set out performance by the Crown Prosecution Service against public service agreement targets since they came into effect on 1 April 2003. These included those for improving the delivery of justice by increasing the number of crimes for which
an offender was brought to justice, and for improving the level of public confidence in the criminal justice system.
Source: Autumn Performance Report 2003, Cm 6059, Attorney General, TSO (0870 600 5522)
Links: Report (pdf)
Date: 2003-Dec
The Courts Act 2003 received Royal assent. All courts in England and Wales were brought under one administrative roof (the Unified Courts Administration), ending the long-standing division between magistrates courts (run by local committees), and the Crown, county and higher Courts (run by the Court Service). There were also measures to improve the effectiveness of fine enforcement.
Source: Courts Act 2003, TSO (0870 600 5522)
Links: Text of Act | DCA press release
Date: 2003-Nov
A report said that almost 12,000 people were held on remand in prisons in England and Wales in 2002 for crimes for which they were not subsequently convicted.
Source: Report by Prison Reform Trust, reported in The Guardian, 24 November 2003
Links: Guardian report
Date: 2003-Nov
The Court Service (the agency responsible for administering the courts system) published its annual report for 2002-03.
Source: The Court Service Annual Report and Accounts 2002-2003, HC 1089, Court Service, TSO (0870 600 5522)
Links: Report (pdf links) | DCA press release
Date: 2003-Oct
The Law Commission began consultation on possible changes to the law relating to partial defences to murder, including provocation, diminished responsibility, and self-defence.
Source: Partial Defences to Murder, LC173, Law Commission, TSO (0870 600 5522)
Links: Report (pdf) | Appendices (pdf) | Summary (pdf)
Date: 2003-Oct
A report into racial bias within the criminal prosecution system said that there was no conclusive statistical evidence demonstrating bias and discrimination: but the study did identify a tendency on the part of the police to bring charges against African, Caribbean and Asian people, men and women, on the basis of poorer evidence than in the case of white people.
Source: Gus John, Race for Justice, Crown Prosecution Service (020 7796 8000)
Links: Summary (pdf) | CPS press release | IRR press release | Guardian report
Date: 2003-Oct
The government began consultation on measures to tackle low-level witness intimidation and get more witnesses to turn up to give evidence in court. It also launched a national 'witness mobility scheme', aimed at giving intimidated and vulnerable witnesses the option of being moved to safety more swiftly.
Source: Securing the Attendance of Witnesses in Court, Home Office (0870 000 1585)
Links: Consultation document (pdf) | Home Office press release (1) | Home Office press release (2) | Guardian report
Date: 2003-Oct
A Courts Bill, aimed at modernising the courts system and unifying its administration, was given a third reading. Courts would be given information about an offender's income and expenditure so that a fine could be set at a realistic level or an alternative community penalty given if more appropriate.
Source: House of Commons Hansard, Debate 20 October 2003, columns 392-477, TSO (0870 600 5522)
Links: Hansard | Text of Bill
Date: 2003-Oct
Performance figures were published for the first time on delivery by local criminal justice boards against key government targets. Figures for the 42 criminal justice areas for April-June 2003 (the first of a new quarterly series) covered offences brought to justice; reducing ineffective trials in magistrates and crown courts; improving timeliness in magistrates and crown courts; fine enforcement; and meeting targets on dealing with persistent young offenders.
Source: Press release 29 October 2003, Home Office (0870 000 1585)
Links: National summary table | Home Office press release
Date: 2003-Oct
The independent Commission for Judicial Appointments welcomed the government s proposals for a Judicial Appointments Commission that - unlike the existing Commission - would have responsibility for making or recommending appointments, rather than merely handling complaints and investigating procedures. But it warned that the move would not be enough alone to correct 'systemic bias in the way the judiciary and legal profession operate that affects the position of women, ethnic minorities and solicitors'. Solicitors called for the independence of the new Commission to be strengthened.
Source: Annual Report 2003, Commission for Judicial Appointments (020 7217 4470) | Press release 16 October 2003, Law Society (020 7242 1222)
Links: Report (pdf) | CJA press release (Word file) | DCA press release | Law Society press release | Guardian report
Date: 2003-Oct
A Bill was published to reform criminal justice procedures in Scotland. Proposals included removing cases from the High Court that could be dealt with adequately by sheriffs; a mandatory preliminary hearing in the High Court to enable the judge to ensure that all parties in a case were ready to go to trial; fixed trial dates; and extra time for the defence to prepare for trial.
Source: Criminal Procedure (Amendment) (Scotland) Bill, Scottish Executive, TSO (0870 606 5566)
Links: Text of Bill (pdf) | Explanatory notes (pdf) | SE press release
Date: 2003-Oct
The government began consultation on how the members of Courts Boards should be selected; their terms of appointment; and on the content of secondary legislation on their constitution and procedures. (Courts Boards, proposed under the Courts Bill, are designed to ensure a local focus in the new unified courts agency: they will comprise judges, magistrates and members of the public, who will have a greater say in how courts should be run in their area.)
Source: Courts Boards: Constitution and procedures, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document | DCA press release
Date: 2003-Sep
The government issued a framework document for local criminal justice boards, providing guidance on improving public satisfaction and confidence in the criminal justice system. Boards were encouraged, in particular, to focus on improving services offered to victims and witnesses; improving staff engagement and engagement with communities - including black and other minority ethnic communities; and developing better communication between local criminal justice agencies and the public.
Source: Improving Public Satisfaction and Confidence in the Criminal Justice System, Home Office (0870 000 1585), Crown Prosecution Service, and Department for Constitutional Affairs
Links: Framework document (pdf)
Date: 2003-Aug
The Audit Commission said if local criminal justice boards were to succeed they needed the full co-operation and commitment of their members as well as the support of a wider range of organisations. (Local criminal justice boards came into existence in April 2003 with the purpose of improving the experiences of people coming into contact with the criminal justice system - victims, witnesses, defendants and their communities.)
Source: Local Criminal Justice Boards Supporting change management, Audit Commission (0800 502030)
Links: Report (pdf) | Summary (pdf) | Audit Commission press release
Date: 2003-Jul
The Scottish Executive published a Bill providing that children under the age of 12 would no longer have to come to court to give evidence in sexual or violent crime cases.
Source: Vulnerable Witnesses (Scotland) Bill, Scottish Executive, TSO (0870 606 5566)
Links: Bill (pdf) | SE press release | Children 1st press release
Date: 2003-Jun
The government published two consultation papers, proposing measures to 'eliminate duplication and waste' in legal aid. There would be measures to reduce the funds spent on 'very high cost' criminal cases (lasting over 25 days or costing over 150,000); an independently assessed accreditation for solicitors working on asylum cases; maximum fees for asylum work; restricting the advice available for each asylum seeker to five hours; and removing 'less serious' matters from the scope of the Criminal Defence Service (which provides assistance for those under investigation at police stations).
Source: Delivering Value for Money in the Criminal Defence Service, Lord Chancellor s Department (020 7210 8500) | Public Consultation on Proposed Changes to Publicly Funded Immigration and Asylum Work, Lord Chancellor's Department
Links: Consultation document (CDS) | Consultation document (asylum) | LCD press release | Guardian report
Date: 2003-Jun
A Courts Bill, aimed at modernising the courts system and unifying its administration, was given a second reading. Courts would be given information about an offender's income and expenditure so that a fine could be set at a realistic level or an alternative community penalty given if more appropriate.
Source: House of Commons Hansard, Debate 9.6.03, columns 438-505, TSO (0870 600 5522) | The Courts Bill [HL], Research Paper 03/52, House of Commons Library (web publication only)
Links: Text of Bill | Hansard | HOC Library research brief (pdf)
Date: 2003-Jun
The Scottish Executive published a White Paper on reform of the High Court of Justiciary, aimed at greater efficiency, reduced delays and uncertainty, and at ensuring the Court dealt only with the most serious crimes. There would be a mandatory preliminary hearing for all cases, to ensure that the prosecution and the defence were ready to proceed before a trial date was set. Sentencing powers in sheriff and jury cases would be increased from three to five years.
Source: Modernising Justice in Scotland: Reform of the High Court of Justiciary, Scottish Executive, TSO (0870 606 5566)
Links: White Paper | SE press release
Date: 2003-Jun
The government announced tougher measures on the enforcement of court fines. Fines would no longer be written off, and it would be made easier to deduct fines through pay or benefits. The government also published two associated reports which highlighted poor fine enforcement by magistrates' courts.
Source: House of Commons Hansard, Written Ministerial Statement 25.6.03, columns 40-42WS, TSO (0870 600 5522) | A Review of Magistrates' Courts Enforcement Strategies, Lord Chancellor s Department (020 7210 8500) | Magistrates' Courts: Enforcement of Financial Penalties - Annual report 2002-2003, Lord Chancellor s Department
Links: Hansard | Enforcement strategies report | Annual report (pdf)
Date: 2003-Jun
An independent review called for fundamental changes to improve the efficiency of coroner services and increase public confidence in them. It recommended a more consistent and transparent approach to inquests; a new statutory 'family charter' with more informative outcomes and rights for the bereaved; and fewer post mortems, with far more consultation and involvement of the families.
Source: Death Certification and Investigation in England, Wales and Northern Ireland: Report of a Fundamental Review 2003, Cm 5831, Home Office, TSO (0870 600 5522)
Links: Report (pdf) | Home Office press release | Law Society press release | Guardian report
Date: 2003-Jun
An official report made a series of recommendations for reducing bureaucracy in the criminal justice system. They included measures to reduce police paperwork, make better use of new technology, and penalise people for wasting court time.
Source: Reducing Red Tape and Bureaucracy in the Criminal Justice System, Regulatory Impact Unit/Cabinet Office (020 7276 2194)
Links: Report (pdf) | Summary (pdf)
Date: 2003-May
The government announced that it would introduce (through an amendment to the Criminal Justice Bill) a presumption against bail for defendants charged with an imprisonable offence who were brought back to court having failed to appear. This would also apply to those charged with an imprisonable offence committed while out on bail.
Source: Press release 14.5.03, Home Office (0870 000 1585)
Links: Press release
Date: 2003-May
A survey of witnesses in criminal justice cases (conducted in 2002) found that 78 per cent were satisfied with their experience overall an increase of two percentage points since the baseline study in 2000.
Source: Helen Angle, Sally Malam and Christine Carey, Witness Satisfaction: Findings from the Witness Satisfaction Survey 2002, Online Report 19/03, Home Office (web publication only)
Links: Report (pdf) | Summary (pdf)
Date: 2003-May
The government announced further details of its plans for 'community justice centres', modelled on community courts in the United States of America. The centres would promote the use of community service projects to 'pay back' communities harmed by crime; outside agencies to address the underlying problems of defendants; and court-based mediation to deal with minor disputes. The New York-based Center for Court Innovation would help to develop plans for pilot centres in England and Wales.
Source: Press release 2.4.03, Home Office (0870 000 1585)
Links: HO press release
Date: 2003-Apr
The Law Commission recommended adoption of a statutory statement that, in cases where a child had suffered a non-accidental death or serious injury by one or other of a small group of people (at least one of whom had responsibility for the child s welfare), the state was entitled to call for an account from those involved of how the accident or death had come about. But it rejected the idea of imposing a legal burden on a defendant to provide an explanation for a child s death or injury which, if it were not discharged, would result in a murder or manslaughter conviction. (In almost 75 per cent of known cases of this kind, the person inflicting the death or serious injury is not prosecuted.)
Source: Children: Their Non-Accidental Death or Serious Injury (Criminal Trials) - Consultative Report, LC279, Law Commission (020 7453 1220)
Links: Report (pdf) | Summary (pdf)
Date: 2003-Apr
The country's most senior woman judge criticised the way children were treated in the legal system - in particular children in care, child offenders, and children whose parents separate. She called for an 'in-depth reconsideration' of how the justice system and the wider community should be responding to the needs of children and their parents.
Source: Dame Elizabeth Butler-Sloss, 'Are we failing the family?: Human rights, children and the meaning of family in the 21st century', Paul Sieghart Memorial Lecture, British Institute of Human Rights/King's College London (020 7401 2712)
Links: Text of lecture (pdf) | Guardian report
Date: 2003-Apr
The government began consultation on changes to the power of courts to 'bind over' defendants, designed to make the power compatible with human rights law. Courts would not be able to require that defendants should 'keep the peace' or 'be of good behaviour', rather than to bind them over to do (or refrain from doing) specific activities. The standard of proof would be the criminal standard, both for consideration of the allegations justifying the making of the order and for those supporting an alleged breach of that order.
Source: Bind Overs: A power for the 21st century, Home Office (0870 000 1585)
Links: Consultation document (pdf)
Date: 2003-Mar
A report from a Bar Council working party recommended that the Lord Chancellor should cease to be responsible for the selection and appointment of High Court judges; and that this responsibility should be transferred to a new independent body, a 'High Courts Appointment Board'.
Source: Bar Council Working Party on Judicial Appointments and Silk: Consultation document ('Glidewell report'), Bar Council (020 7242 0082)
Links: Consultation document (pdf) | Press release
Date: 2003-Mar
The Scottish Executive announced that a 'National Criminal Justice System Board', made up of the chief officers of the main criminal justice agencies, would be established in Scotland. For the first time, targets would be set to enable the performance of the whole system to be monitored. This followed an official review of the aims, objectives and targets of the criminal justice system.
Source: Press release 19.3.03, Scottish Executive (0131 556 8400) | Andrew Normand, Criminal Justice System Objectives Review: Proposals for the integration of aims, objectives and targets in the Scottish criminal justice system, Crown Agent and Procurator Fiscal Office (0131 226 2626)
Links: Report (part 1) (pdf) | Report Annexes (pdf) | Report | SE press release
Date: 2003-Mar
Black and ethnic minority people made up 19.2 per cent of those stopped and searched by the police in 2001-02, and 18 per cent of the prison population (compared to 5.5 per cent of the population aged over 10). The Commission for Racial Equality deplored the failure to use stop-and-search powers fairly.
Source: Statistics on Race and the Criminal Justice System: 2002, Home Office (020 7273 2084) | Press release 20.3.03, Commission for Racial Equality (020 7939 0000)
Links: Report (pdf) | CRE press release | Guardian report
Date: 2003-Mar
The Scottish Executive announced four in-court advice pilot projects for defendants without legal representation.
Source: Press release 21.3.03, Scottish Executive (0131 556 8400)
Links: Press release
Date: 2003-Mar
The Scottish Executive published a policy statement on support for vulnerable witness in criminal cases. It highlighted the need for early identification of vulnerable witnesses by the police, legal profession and other agencies.
Source: Vital Voices: Helping vulnerable witnesses give evidence, Scottish Executive, TSO (0870 606 5566)
Links: Policy Statement (pdf) | Policy Statement
Date: 2003-Feb
A private finance scheme to computerise magistrates' courts in England and Wales, costing 319 million, was described as a 'shocking' waste of money by the National Audit Office.
Source: New IT systems for Magistrates' Courts: The Libra project, HC 327 (Session 2002-03), National Audit Office, TSO (0870 600 5522)
Links: Report (pdf) | Summary (pdf) | Press release
Date: 2003-Jan