The government’s U-turn in relation to legal aid, and the imminent removal of an acquitted defendant’s right to have the reasonable costs of hiring his or her own lawyer reimbursed, muted last year’s cling to optimism against the fear of continuing deterioration in quality criminal justice. A two-tiered justice system is now felt by some to be a reality, distinguishing those who can afford to pay to be properly defended from those who cannot. The country’s most senior judge warns that cuts to legal aid will have "serious implications for the quality of justice."
The Ministry of Justice’s plan for the next four years sets out the department's aspirations for "fundamental reform." Ambitions include a "rehabilitation revolution" and reforms to sentencing, the courts and legal aid, the ramifications of which will be felt across the entire criminal justice system.
The provider base
Industry analysts say that lawyers must prepare for the incoming implementation of alternative business structures (ABS) in the provision of legal services, due to come into force in October 2011.
Whatever prospects these new business structures may provide, the latest legal aid green paper indicates a renewed commitment to controversial plans to introduce "best-value tendering" in criminal legal aid. The fear is that the government’s proposed legal aid cuts could leave 50% of firms doing publicly funded work at risk of closure.
The prosecuting authorities
This year’s government buzzwords are "pooling resources" and "virtualisation." Some feel a digital revolution is imminent, as led by the example set by Britain's largest force, the Metropolitan Police, and the Crown Prosecution Service (CPS) in London. There, both officers and CPS staff are located in the same building, with cases dealt with through a virtual courtroom. Notwithstanding this, however, are the results of a pilot project in which defendants appearing via video link for their first appearance at a magistrates' court did so at a cost significantly more per case than the traditional court process.
Lawyers’ worries about the physical separation of defendants, the higher rate of adjournments and the perception of "hasty justice" in fixed 15-minute slots are countered by the government, which claims that the country has "moved away from the Victorian idea that there would be a court in every town." The Justice Minister has also confirmed that he "doesn’t see the future as being in bricks and mortar."
But it seems there are limits to the government’s aspirations of rationalisation, and the much-anticipated shake-up of UK financial regulation which was to see the Serious Fraud Office disbanded in favour of a new Economic Crime Agency is reported to be on hold.
Courts and prisons
Another favoured term is "instant summary justice," contributing to approximately 300,000 fewer cases being dealt with annually in magistrates' courts than ten years ago. Commentators attribute the fall to increasing use of spot fines and cautions. However, some ninety-three magistrates' courts are to close. Courts are also starting to reduce sitting days, leading a number of judges to warn that there will be even longer delays in cases coming to trial.
There are to be cuts in the prison service too - around 5,000 prison cells are to be lost and 10,000 jobs will be axed under a government plan to shut six jails in England and Wales.
Criminal procedure and legislation
The Bribery Act 2010 came into force on 1 July 2011, just in time for the recent phone hacking and police corruption scandals.
2011 also saw the first company to stand trial under the Corporate Manslaughter and Corporate Homicide Act 2007, as well as the first person to face a so-called double jeopardy murder retrial following the discovery of new forensic evidence.
Last year we reported moves to halt a trend known as "upward sentencing drift," but these have been tempered and David Cameron ordered his Justice Secretary to scrap plans to let defendants who plead guilty have their sentences halved. The predicted lapse of the police power to detain terror suspects for up to 28 days without charge did materialise, though there are constant murmurings to resurrect it.
Areas of potential reform for 2012 include:
• Extradition arrangements, following David Blunkett’s admission that the Extradition Act 2003 "may have given too much away," as well as the growing disquiet regarding "trivial cases" undermining European arrest warrants;
• Britain's murder laws, as calls to move towards US-style homicide legislation gain momentum so that the seriousness of the offence is ranked by degrees;
• The removal of the right of defendants to choose trial by jury for thousands of minor cases;
• The sentencing powers of magistrates doubled so that they can jail offenders for up to one year.
Conclusion
Commentators worry that austerity measures will translate into miscarriages of justice and damage public confidence in the criminal justice system. The winding down of the Forensic Science Service will only serve to compound this.
"Access to justice" doesn't simply mean "access to a lawyer." The concept relies on individuals being able to enforce legitimately held legal rights and it is the quality of their representation that can make the difference to seeing justice done.
Readers can continue to rely on the dedication of the criminal practitioners listed below, and whilst the causes they take up are not always appealing or popular, these firms continue to provide a proper, robust defence of their clients. In this day and age, that is really saying something.