Rowenna Davis

Because politics happens beyond Westminster

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Our magistrates' courts are being decimated by cuts. The Tories should be ashamed of themselves

There’s a horrible irony about a justice system that is supposed to make us safer leaving us more vu

Justice Secretary Kenneth Clarke has presided over cuts to courts
Source: Getty Images

“Can we go in there?" mumbles Chris, nodding towards a pokey private office. The 15-year-old speaks through an overcoat zipped up past his mouth. His eyes are puffy but alert, darting around the exposed waiting area in Willesden magistrates court. It’s choked and tense with people waiting for their cases to be called. Since this court has been merged in the cuts, it’s been heaving with young people from territories like Church Road, Stonebridge and Hendon. Rival gangs are afraid of being seen out of place. The threat of violence is real.

“I’m from Neasden but I obviously don’t come around here normally”, says Chris once the door is shut, “Anything could happen. People can make a phone call and get people down. I say I’m with my mum, I’m not going to fright you, but you get questions. I was outside (court) once and a group of guys got out of a cab and chased me down the street.”

Magistrates' courts don’t deal with high profile cases, but they matter. In fact they make judgements on 95 per cent of all criminal cases. Below national media attention, they focus on hearing and serving justice locally. They confront the dark underbelly of our communities, dealing with antisocial behaviour, gang crime, vandalism. Most distinctively, these judgements are made entirely by volunteers. The magistrates passing sentences are ordinary people from local communities taking responsibility. They learn as well as contribute. It’s a fantastic system, and now it’s being decimated.

Some 103 of our country’s 330 magistrates courts are now closing as a result of cuts. Many controversial closures like those in Woking and Harlow have already been boarded up. Barry court took the Ministry of Justice to judicial review, but they were over ridden. Surviving courts are now squeezing in the back log. The consequence is a tense and heaving system that is clogged and failing to deliver. The cost of rearranging cases is soaring. Bureaucracy is increasing. Witnesses are not turning up. Kids are taking more days off school. Justice is suffering.

Last week I wrote that the left needed to develop a narrative on what it wanted to preserve as well as change. Fighting to safeguard such important institutions - woven into the fabric of our history and local communities - is exactly what I’m talking about. Yes, municipal courts are in need of reform, but many are working. The appeal rate is a tiny 2 per cent. Their decisions are respected because they are owned. Compare that to the European Court, which we are prepared to defend despite people’s lack of loyalty to it, and the difference is striking. When it comes to protecting civil society, there is a consistent case for Labour to be conservative, and people need our help.

Michael Situ is the young legal advocate for Chris. Walking into court he’s besieged before he can start a day that will already finish late. A man in a blue hoodie is almost in tears because no one has turned up to represent him and he’s about to stand alone. Michael wants to help, but with cuts to legal aid on top of the extra cases from closed courts, it’s hard for his firm to even tread water. It’s not unusual for Michael to be advocating for six or seven people a day.

“You often find you’ve double booked yourself and you have something in two courts at once, so you’re just left praying one will finish early”, he says. “In the last month we’ve had six or seven trials that have been vacated because there’s just no space for them, and sometimes defendants are left without lawyers. It’s justice that suffers.”

Such decimation is a damning indictment on the Conservatives. With so much work being done by volunteers, our local justice system was an example of the Big Society at work, as the Magistrates Association points out. Its present woes are a particular indictment on Cameron, who is criticised by his own backbenchers for failing to know what’s worth protecting. Since HMCTS was faced with 25 per cent cuts, he’s been presiding over shortsighted savings that will come at great institutional cost in the long term.

“It’s already taking longer for some cases to come to court,” says John Fassenfelt, chairman of the Magistrates Association whose home town of Slough has gone from three courts to none, “Anecdotally we hear magistrates are issuing more warrants because people are less likely to turn up if they have to travel twenty or thirty miles for a trial… There’s also an obvious security issue, particularly in London.”

There’s a horrible irony about a justice system that is supposed to make us safer leaving us more vulnerable. Chris’s mum is on benefits, but pays for taxis to go through areas she knows are dangerous for her son rather than risking public transport. She loses time looking for work and her son misses time off school to be ignored for hours in a crowded courtroom. At home her eleven-year-old daughter and two other children are alone. If they are getting into trouble, criminal or otherwise, she wouldn’t know about it.

Rowenna Davis is a journalist and author of Tangled up in Blue: Blue Labour and the Struggle for Labour's Soul, published by Ruskin Publishing at £8.99. She is also a Labour councillor.

16 comments

STEVE LOCKETT's picture

Sorry, can't bring any experience to bear on this one. I can't think of a single member of my extended family who has actually been to a Magistrates Court even as a witness. Perhaps as a Yorkshire mining family we move in different circles (or have different moral compasses).

Reginald Fah-fah's picture

Whato Chaps!

I'm a Tory! How dare you? Look at the fine picture above of Ken another Top Tory.

Our magistrates' courts are being decimated by cuts because Boris is out there fighting crime. Criminals are being hunted like urban foxes and tagged with a urban writing. This is the new urban sport in Hendon and us Tories have asked 'call me dave' and his man servant, you know the one, the Lib Dem!, to sign his own urban fox.

Reginald Fah-fah's picture

Whato Chaps!

I'm a Tory! How dare you? Look at the fine picture above of Ken another Top Tory.

Our magistrates' courts are being decimated by cuts because Boris is out there fighting crime. Criminals are being hunted like urban foxes and tagged with a urban writing. This is the new urban sport in Hendon and us Tories have asked 'call me dave' and his man servant, you know the one, the Lib Dem!, to sign his own urban fox.

Reginald Fah-fah's picture

Whato Chaps!

I'm a Tory! How dare you? Look at the fine picture above of Ken another Top Tory.

Our magistrates' courts are being decimated by cuts because Boris is out there fighting crime. Criminals are being hunted like urban foxes and tagged with a urban writing. This is the new urban sport in Hendon and us Tories have asked 'call me dave' and his man servant, you know the one, the Lib Dem!, to sign his own urban fox.

Reginald Fah-fah's picture

Whato Chaps!

I'm a Tory! How dare you? Look at the fine picture above of Ken another Top Tory.

Our magistrates' courts are being decimated by cuts because Boris is out there fighting crime. Criminals are being hunted like urban foxes and tagged with a urban writing. This is the new urban sport in Hendon and us Tories have asked 'call me dave' and his man servant, you know the one, the Lib Dem!, to sign his own urban fox.

Mr. Datchery's picture

Ms Davis writes: " Most distinctively, these judgements are made entirely by volunteers. The magistrates passing sentences are ordinary people from local communities taking responsibility". Well... no... she seems (?) unaware of the existence of District and Deputy District Judges, paid professionals who used to be known as Stipendary Magistrates. During the 30 years I was a Probation Officer it was notable that a 'Stipe' could get through a Court List in a morning while a Lay Bench might only be half way through by going home time. It wasn't justice denied either as the Stipes were more confident about granting bail and imposing non-custodial sentences. It was my frequent observation that solicitors would go into court, take one look at the lay bench, quietly take the Lord's name in vain and immediately ask for an adjournment in the hope of gwtting the case in front of a professional.

A Lay Justice's picture

Much the same way I feel when another appalling Probation Report comes my way, clearly written by an illiterate and badly trained Probation Officer. The lay magistracy is the BEST of the legal system. Nowadays, JP's are highly trained and constantly appraised. Amazingly, the female JP's don't wear hats and gloves and goodnesss, we've even allowed the working classes onto the bench.

Get that stupid chip off your shoulder Mr Datchery. Many DJ's I've come across are merely failed solicitors who can't make it in private practice. I AM a solicitor JP as it happens. And this is NOTHING to do with party politics. The Labour Party were just as keen to cut the justice system.

test-test's picture

Oooh, we Tories should all be ashamed of ourselves for not governing as middle-class Labour activists who live in social housing intended for the poor want us to.

Piss off, eh?

BADGE-GIRL's picture

Our magistrates' courts are being decimated by cuts. The Tories are proud of themselves.

Check.

jaded48's picture

Are you opposing the numbers of magistrates courts closing just to keep scum gang members safe in their enemies areas?What a great reason to oppose cuts.
Live by the sword.............

tuttifrutti76's picture

I think you'll find it innocent until proven guilty. You can be poor, and even a scumbag, but innocent of the crime charged. If you can't afford to travel to Court to put your case, or have legal representation before the Court when you are still classed as a minor or have mental health or other problems, you can be found guilty in your absence, as I understand it. While I am sure you are happy for your pre judgements for others or 'scum', would you be content if that was you or someone you cared about and were claiming to be innocent?

jaded48's picture

In my area (London) some courts have been shut but the alternative open ones are not on the moon.That is not an excuse not to turn up.
Is someone I cared about was appearing at court I wouldn't be worried about a gang member stabbing them.That's not the circles I move in.Criminals that move in those circles have no sympathy from me i'm afraid.
Please tell me what experiences you have of magistrates courts.I have lots,I am a PC.The whole justice system is a farce and i'm sure some clever ambulance chasers will be using the "travelling across gang areas" excuse next time the little tinker who stabbed someone can't be bothered to turn up.(Allegedly)

tuttifrutti76's picture

Most of the country don't live in London. Some live in rural areas and small towns, which now have no Courts and both Defendants and witnesses now have to travel much further to attend Court, as the article points out. This is also about witnesses and not just 'scum' Defendants.
I have a fair bit of experience of the criminal justice system from different angles, such as the Police, victims and Defendant. But it remains the case that it is innocent until proven guilty. Just because someone is charged they are surely not 'scum' until they have been found guilty after a fair trial. The Police should no more want miscarriages of justice than anyone, it certainly hasn't helped them in the past.

jaded48's picture

Sorry but i'm missing your point.
Because defendants have to travel further there will be miscarriages of justice?
I use the word scum because the original article mentions about gang members encroaching on opposing territory.They are scum,not all defendants are I accept that.

Leon Wolfeson's picture

So because gangs exist, which make it dangerous for normal young people, charged with minor crimes, to cross other areas that instantly makes every single young person in the area scum?

Typical Tory stereotyping.

tuttifrutti76's picture

Because the Courts are being stretched as a result of the closures and cuts, it is making it harder for both Defendants and witnesses to attend the Court hearings and, combined with cuts in legal aid, it is risking legal representation for Defendants. Courts can find defendants guilty in their absence, rightly or wrongly, or perhaps those guilty of the charged crimes may not be found guilty when witnesses fail to attend. So it is potentially increasing the risks of miscarriages of justice and I have already heard fears expressed over this. The cuts are likely to be counter productive and more costly in terms of money and other costs.

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