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

Photo: Getty
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Are the Conservatives getting ready to learn to love the EEA?

You can see the shape of the deal that the right would accept. 

In an early morning address aimed half reassuring the markets and half at salvaging his own legacy, George Osborne set out the government’s stall.

The difficulty was that the two halves were hard to reconcile. Talk of “fixing the roof” and getting Britain’s finances in control, an established part of Treasury setpieces under Osborne, are usually merely wrong. With the prospect of further downgrades in Britain’s credit rating and thus its ability to borrow cheaply, the £1.6 trillion that Britain still owes and the country’s deficit in day-to-day spending, they acquired a fresh layer of black humour. It made for uneasy listening.

But more importantly, it offered further signs of what post-Brexit deal the Conservatives will attempt to strike. Boris Johnson, the frontrunner for the Conservative leadership, set out the deal he wants in his Telegraph column: British access to the single market, free movement of British workers within the European Union but border control for workers from the EU within Britain.

There is no chance of that deal – in fact, reading Johnson’s Telegraph column called to mind the exasperated response that Arsene Wenger, manager of Arsenal and a supporter of a Remain vote, gave upon hearing that one of his players wanted to move to Real Madrid: “It's like you wanting to marry Miss World and she doesn't want you, what can I do about it? I can try to help you, but if she does not want to marry you what can I do?”

But Osborne, who has yet to rule out a bid for the top job and confirmed his intention to serve in the post-Cameron government, hinted at the deal that seems most likely – or, at least, the most optimistic: one that keeps Britain in the single market and therefore protects Britain’s financial services and manufacturing sectors.

For the Conservatives, you can see how such a deal might not prove electorally disastrous – it would allow them to maintain the idea with its own voters that they had voted for greater “sovereignty” while maintaining their easy continental holidays, au pairs and access to the Erasmus scheme.  They might be able to secure a few votes from relieved supporters of Remain who backed the Liberal Democrats or Labour at the last election – but, in any case, you can see how a deal of that kind would be sellable to their coalition of the vote. For Johnson, further disillusionment and anger among the voters of Sunderland, Hull and so on are a price that a Tory government can happily pay – and indeed, has, during both of the Conservatives’ recent long stays in government from 1951 to 1964 and from 1979 to 1997.

It feels unlikely that it will be a price that those Labour voters who backed a Leave vote – or the ethnic and social minorities that may take the blame – can happily pay.  

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.