Shake-up of magistrates courts announced
Defendants who fail to turn up to a magistrates court could have their case heard in their absence under new government proposals unveiled today.
The white paper also suggests that some low level offences, such as TV licence cases and motoring offences, could be dealt with by an independent body to allow courts to focus on more complex cases.
In addition, the paper – intended to make magistrates courts more effective – would make it easier for magistrates who are in employment to take time off work to sit in court.
“Magistrates give up their time to serve their local community. We recognise that some of them are employed and have to get time off to attend court,” said Lord Falconer.
“The current legislation covers the provision for employers to give time off to staff who are magistrates, but we want to go even further.
“We want the act to be clear and understood by both the employer and the employee in terms of how the request for time off shall be made and determined.”
In order for magistrates’ time not to be wasted, however, the lord chancellor announced proposals to hear cases even when – as with one in eight defendants – the accused fails to turn up.
“The decisions of magistrates must be respected.The cost to the criminal justice system for every ineffective trial in the magistrates court is £270. People should expect their cases to be heard in their absence when they do not turn up,” Lord Falconer said.
More controversially, the white paper – which follows consultation with magistrates and their staff, and district judges – includes proposals for some cases to be heard outside a magistrates court.
The Conservatives gave this measure short shrift, with shadow constitutional affairs secretary Oliver Heald saying he had “serious concerns” about making non-governmental bodies responsible for issuing fines.
“This will make them into judge, jury and executioner. The administration of justice is a matter for the state, not independent organisations with a financial interest, like the BBC,” he said.
“Given the sharp decline in the number of magistrates since Labour came to power, there is a clear case for reforming the system. But the government should not be resigning itself to accepting a state of affairs where people fail to attend court – they should be made to do so.”
