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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120 years on, and rugby league is still patronised as “parochial”

Even as Leeds and Hull Kingston Rovers do battle in the 2015 Challenge Cup final, the century-old conflict between rugby league and rugby union isn’t over.

When Leeds and Hull Kingston Rovers step out onto the hallowed Wembley turf on Saturday afternoon it will be a celebration, regardless of the result. The final of rugby league’s oldest competition is expected to be watched by over 85,000 fans, with countless more watching on the BBC. And the reason for celebration? This year’s Challenge Cup final falls on rugby league’s 120th birthday. 

Saturday will mark exactly 120 years to the day that the custodians of 22 clubs rendez-voused at the George Hotel in Huddersfield to split from the amateur Rugby Football Union (RFU). The teams who formed the guerrilla organisation were dependent on millworkers, miners and dockers who unlike their more affluent and privately-educated southern counterparts, could ill-afford to miss work to play rugby. As such, the Northern Football Union (which later changed its name to the Rugby Football League) announced its separation from the RFU and immediately accepted the principal of receiving payment for playing. Taking the schism as a declaration of war, the RFU struck back by issuing lifetime bans to any player associated with its northern kin. 

Neither league’s revolutionary spirit nor the promise of a pay cheque lead to a change in fortunes, though. It remains, according to one journalist, a “prisoner of geography”, ensnared by its older kin. Wembley is its parole, the chains are off, for but a short while, as league earns a pass out of its Northern confinement. Union, on the other hand, is the dominant code in terms of finances, participation numbers and global reach, while league is still viewed as a “parochial” sport. 

To understand why league is viewed as parochial, and union global, the writings of the Italian Marxist Antonio Gramsci on cultural hegemony are particularly useful. Union embodies the resource-rich and powerful historic bloc, institutionalised through its strong standing within public-schools and its big-business connections. League, on the other hand represents the downtrodden and plucky subaltern. Its agency has only stretched so far as to command superior TV figures perhaps a ringing endorsement from the masses.

In order to quell its fellow oval-chasing brethren there are examples of union shockingly suppressing the spread of league. In France the 13-a-side code had overthrown union’s dominance as hundreds of clubs switched to le treize towards the end of the 1930s. As the Second World War divided France, union bigwigs held office with members of the Nazi-collaborating Vichy government who were persuaded to outlaw rugby league once and for all. 

On 19 December 1941 a decree forced league clubs to hand over kit, stadia and funds to their union counterparts. The game has never fully recovered in France, although two Frenchman are in contention to play for Rovers on Saturday – Kevin Larroyer and John Boudebza, testament to the art of treizistance.

There are other instances of union dignitaries stifling league’s growth in places as wide-ranging as Japan, Serbia, South Africa and Italy. Examples exist in the United Kingdom too. Cambridge student Ady Spencer was banned by the RFU from playing in the Varsity Rugby Union match having enjoyed the rigours of league as a youngster in his native Warrington. The incident was subject to a parliamentary motion in 1995 being condemned as an “injustice and interference with human rights”.

But even as rugby union followed its heretic sibling into professionalism a century after the split there’s little to suggest the relationship has changed, highlighted this year through the case of Sol Mokdad. A Lebanese national, Mokdad will be watching the final in Beirut with friends, but it’s a far cry from where he was just a few months ago – locked up in a jail cell in Dubai at the behest of UAE Rugby Union (UAERU). 

“I moved to the UAE in 2006 and set up rugby league there a year later. I was arrested for fraud and for setting up a competition without the UAERU’s permission,” he tells me. “I was baffled as they’re a completely different body. It’s like the Cricket Federation demanding that they control all baseball matches. We’d just got a huge deal with Nissan to sponsor our competition which the UAERU weren’t happy about. They said I’d impersonated their president in order to get the money which was a complete lie. They weren’t too happy that we were getting a lot of exposure in western media outlets too, because I’d suggested that the UAE would be a good place to host the World Cup, that’s where it all started to go wrong.”

“I was at a corporate event when I got a phone call to say that UAERU had ordered my arrest. I tried ringing my mate George Yiasemides who was the COO of UAE Rugby League. He’d promised to help me out, but he didn’t want anything to do with me. He sold me down the river. I was chucked into a cockroach-infested cell. The bathrooms were covered in s**t  and I was locked up for 14 days with no contact with the outside world.” 

Eventually an agreement was reached and all Mokdad had to do was sign a document which would guarantee his release, subject to conditions. Easy enough right? But as he explains it wasn’t. 

“They sent me to the wrong police station and when I eventually got hold of the document they’d added conditions I hadn’t agreed too. I had to make a public apology on all of our social media, destroy all documentation and was told that I was financially liable for any damages or legal fees that may come up in the future. Any monies gained from our sponsorship was to be handed over to the UAERU, as well as having to agree to never participate in any rugby activity in the UAE again.”

Homeless, broke and jobless, Mokdad returned to his native Lebanon and he is unsure of where his future lies. “I definitely want to stay in the sport however I can. It was incredibly hard to leave what I’d created in Dubai.” he says. “I still think about it now. It was so surreal.” 

He’s backing Leeds in the final, in case you were wondering. Although it all makes Saturday’s game seem rather irrelevant if in 2015 you can be jailed for establishing a sport. Perhaps it shows more than ever, that after 120 years of separation, rugby league is still trying to shake off the shackles of its older brother.