The Ministry of Justice have announced plans to close 157 magistrates and county courts in England and Wales, at a saving of £36.8m.

In a written statement to the Commons on 23 June, Secretary of State Kenneth Clarke said that Her Majesty’s Courts Service (HMCS) currently operates out of 530 courts, some of which do not fit the needs of modern communities. Their number and location do not reflect recent changes in population, workload or transport and communication links over the years since they were originally opened. Consultation papers have been published setting out proposals to close 103 magistrates courts and 54 county courts and inviting views on how best to provide local justice services in communities across England and Wales. He said: “In reaching decisions on closures I will ensure that we keep courts in the most strategically important locations, communities continue to have access to courts within a reasonable travelling distance, that cases are heard in courts with suitable facilities and that there is an overall reduction in cost.” Closure of the courts covered in the consultation would achieve running cost savings of around £15.3 million per year. These courts also have backlog maintenance of around £21.5 million, costs that can be avoided if the closures go ahead. “I believe that as well as savings to HMCS there will also be savings for other criminal justice agencies by focusing their attendance at a single accessible location within a community.”
 
The Secretary of State added that current arrangements are historical and now need to be reassessed to see if they meet the needs of today’s society. Modern communications and greater transport facilities mean that providing access to justice does not require a courthouse in every town or city. He said that, across the civil and criminal courts, there are great opportunities to harness technology more effectively so people do not necessarily have to physically attend court when they give evidence or access court services. Not all disputes need to be resolved in court. “I will also examine ways of enabling more people to resolve their disputes in a way that leads to faster and more satisfactory solutions. We will continue to develop proposals for introducing alternatives that deliver a better service for less money.”

Courts Minister Jonathan Djanogly said: ‘The Lord Chancellor and I are keen to hear the views of everyone with an interest in local justice arrangements. He will take all views into account before making any decision on which courts ought to be closed and when. As well as consulting on the courts we need today I want to begin a conversation about how the courts service could be modernised to improve the justice system as well as reduce its costs.”
The closing date for consultation responses is 15 September 2010. The full list of courts threatened with closure, together with links to the consultation documents, can be found at:

http://www.justice.gov.uk/news/announcement230610a.htm

The Virtual Court is a new initiative aiming to speed up first hearings and improve the service given to victims and witnesses. It enables a defendant, who is charged in a police custody suite, to appear in a magistrates’ court for a first hearing whilst still physically located in the Police Station. It is claimed that this reduces the time from charge to first hearing from days to just a few hours in most instances. A Virtual Court combines video conferencing technology, an on-line ‘virtual’ collaboration space allowing case files to be shared electronically, and secure links to join up the agencies involved.

Last week, Charing Cross Police Station was linked with Camberwell Green Magistrates’ Court in a virtual court hearing, with a 14 further stations taking part in the scheme over the coming months. Already one defendant has been jailed for drink driving, just hours after his arrest. Currently defendants held at Charing Cross have the right to refuse to take part in the trial, but that right would be removed by legislation before Parliament. Justice Secretary Jack Straw has backed the pilot scheme, claiming virtual courts have the potential to “transform how the justice system deals with crimes. Although at an early stage, this pilot helps the courts, police, prosecutors, defence lawyers and the judiciary work better together to deliver quicker and more effective justice without any loss of quality. The faster we get justice done, the more we improve public confidence in the criminal justice system as whole,” said Straw.

But the Law Society has expressed grave concerns. They claim that Virtual Courts could see thousands of defendants losing their right to appear in court. Richard Miller, Law Society Legal Aid Manager, said that “There are major practical considerations about virtual courts that have not yet been satisfactorily addressed”, instancing worsening delays increasing the number of ineffective hearings and solicitors not being able to gather the information necessary for a bail application in the time available. They question how defendants will get confidential advice and how their lawyers will get access to the relevant paperwork for second hearings. And they also have “grave concerns over the safety of its members – under this scheme defendants will be sat in a small room right next to their solicitor”. Jack Straw addressed this point particularly when he said “I never had any experience of a defendant threatening me. There are a lot of police officers and custody officers in the custody suite”.

The Office of Criminal Justice Reform (OCJR) is set to outline the future for the virtual courts pilot scheme next week following this trial. They will seek to “explain the scheme’s ability to lower costs and improve efficiency as part of the government’s drive to use technology more effectively in justice delivery”.