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.

Source: Getty Images

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

Photo:Getty
Show Hide image

Why isn't Labour putting forward Corbynite candidates?

Despite his successes as a candidate, the organisational victories have gone the way of Corbyn's opponents. 

The contest changes, but the result remains the same: Jeremy Corbyn’s preferred candidate defeated in a parliamentary selection. Afzhal Khan is Labour’s candidate in the Manchester Gorton by-election and the overwhelming favourite to be the seat’s next MP.

Although Khan, an MEP, was one of  the minority of Labour’s European MPs to dissent from a letter from the European parliamentary Labour party calling for Jeremy Corbyn to go in the summer of 2016, he backed Andy Burnham and Tom Watson in 2015, and it is widely believed, fairly or unfairly, that Khan had, as one local activist put it, “the brains to know which way the wind was blowing” rather than being a pukka Corbynite.

For the leader’s office, it was a double defeat;  their preferred candidate, Sam Wheeler, was kept off the longlist, when the party’s Corbynsceptics allied with the party’s BAME leadership to draw up an all ethnic minority shortlist, and Yasmine Dar, their back-up option, was narrowly defeated by Khan among members in Manchester Gorton.

But even when the leadership has got its preferred candidate to the contest, they have been defeated. That even happened in Copeland, where the shortlist was drawn up by Corbynites and designed to advantage Rachel Holliday, the leader’s office preferred candidate.

Why does the Labour left keep losing? Supporters combination of bad luck and bad decisions for the defeat.

In Oldham West, where Michael Meacher, a committed supporter of Jeremy Corbyn’s, was succeeded by Jim McMahon, who voted for Liz Kendall, McMahon was seen to be so far ahead that they had no credible chance of stopping him. Rosena Allin-Khan was a near-perfect candidate to hold the seat of Tooting: a doctor at the local hospital, the seat’s largest employer, with links to both the Polish and Pakistani communities that make up the seat’s biggest minority blocs.  Gillian Troughton, who won the Copeland selection, is a respected local councillor.

But the leadership has also made bad decisions, some claim.  The failure to get a candidate in Manchester Gorton was particularly egregious, as one trade unionist puts it: “We all knew that Gerald was not going to make it [until 2020], they had a local boy with good connections to the trade unions, that contest should have been theirs for the taking”. Instead, they lost control of the selection panel because Jeremy Corbyn missed an NEC meeting – the NEC is hung at present as the Corbynsceptics sacrificed their majority of one to retain the chair – and with it their best chance of taking the seat.

Others close to the leadership point out that for the first year of Corbyn’s leadership, the leader’s office was more preoccupied with the struggle for survival than it was with getting more of its people in. Decisions in by-elections were taken on the hop and often in a way that led to problems later down the line. It made sense to keep Mo Azam, from the party’s left, off the shortlist in Oldham West when Labour MPs were worried for their own seats and about the Ukip effect if Labour selected a minority candidate. But that enraged the party’s minority politicians and led directly to the all-ethnic-minority shortlist in Manchester Gorton.

They also point out that the party's councillor base, from where many candidates are drawn, is still largely Corbynsceptic, though they hope that this will change in the next round of local government selections. (Councillors must go through a reselection process at every election.)

But the biggest shift has very little to do with the Labour leadership. The big victories for the Labour left in internal battles under Ed Miliband were the result of Unite and the GMB working together. Now they are, for various reasons, at odds and the GMB has proven significantly better at working shortlists and campaigning for its members to become MPs.  That helps Corbynsceptics. “The reason why so many of the unions supported Jeremy the first time,” one senior Corbynite argues, “Is they wanted to move the Labour party a little bit to the left. They didn’t want a socialist transformation of the Labour party. And actually if you look at the people getting selected they are not Corbynites, but they are not Blairites either, and that’s what the unions wanted.”

Regardless of why, it means that, two years into Corbyn’s leadership, the Labour left finds itself smaller in parliament than it was at the beginning.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.