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

“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.

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Rowenna Davis is Labour PPC for Southampton Itchen and a councillor for Peckham

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Theresa May's offer to EU citizens leaves the 3 million with unanswered questions

So many EU citizens, so little time.

Ahead of the Brexit negotiations with the 27 remaining EU countries, the UK government has just published its pledges to EU citizens living in the UK, listing the rights it will guarantee them after Brexit and how it will guarantee them. The headline: all 3 million of the country’s EU citizens will have to apply to a special “settled status” ID card to remain in the UK after it exist the European Union.

After having spent a year in limbo, and in various occasions having been treated by the same UK government as bargaining chips, this offer will leave many EU citizens living in the UK (this journalist included) with more questions than answers.

Indisputably, this is a step forward. But in June 2017 – more than a year since the EU referendum – it is all too little, too late. 

“EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries.”

These are words the UK’s EU citizens needed to hear a year ago, when they woke up in a country that had just voted Leave, after a referendum campaign that every week felt more focused on immigration.

“EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation.”

A year later, after the UK’s Europeans have experienced rising abuse and hate crime, many have left as a result and the ones who chose to stay and apply for permanent residency have seen their applications returned with a letter asking them to “prepare to leave the country”, these words seem dubious at best.

To any EU citizen whose life has been suspended for the past year, this is the very least the British government could offer. It would have sounded a much more sincere offer a year ago.

And it almost happened then: an editorial in the Evening Standard reported last week that Theresa May, then David Cameron’s home secretary, was the reason it didn’t. “Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay,” the editorial reads. “All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it.” 

"They will need to apply to the Home Office for permission to stay, which will be evidenced through a residence document. This will be a legal requirement but there is also an important practical reason for this. The residence document will enable EU citizens (and their families) living in the UK to demonstrate to third parties (such as employers or providers of public services) that they have permission to continue to live and work legally in the UK."

The government’s offer lacks details in the measures it introduces – namely, how it will implement the registration and allocation of a special ID card for 3 million individuals. This “residence document” will be “a legal requirement” and will “demonstrate to third parties” that EU citizens have “permission to continue to live and work legally in the UK.” It will grant individuals ““settled status” in UK law (indefinite leave to remain pursuant to the Immigration Act 1971)”.

The government has no reliable figure for the EU citizens living in the UK (3 million is an estimation). Even “modernised and kept as smooth as possible”, the administrative procedure may take a while. The Migration Observatory puts the figure at 140 years assuming current procedures are followed; let’s be optimistic and divide by 10, thanks to modernisation. That’s still 14 years, which is an awful lot.

To qualify to receive the settled status, an individual must have been resident in the UK for five years before a specified (although unspecified by the government at this time) date. Those who have not been a continuous UK resident for that long will have to apply for temporary status until they have reached the five years figure, to become eligible to apply for settled status.

That’s an application to be temporarily eligible to apply to be allowed to stay in the UK. Both applications for which the lengths of procedure remain unknown.

Will EU citizens awaiting for their temporary status be able to leave the country before they are registered? Before they have been here five years? How individuals will prove their continuous employment or housing is undisclosed – what about people working freelance? Lodgers? Will proof of housing or employment be enough, or will both be needed?

Among the many other practicalities the government’s offer does not detail is the cost of such a scheme, although it promises to “set fees at a reasonable level” – which means it will definitely not be free to be an EU citizen in the UK (before Brexit, it definitely was.)

And the new ID will replace any previous status held by EU citizens, which means even holders of permanent citizenship will have to reapply.

Remember that 140 years figure? Doesn’t sound so crazy now, does it?

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