Big Society

Lord Dholakia Excerpts

Wednesday 2nd November 2011 Lords Chamber

[Lord Dholakia]

My Lords, this debate is timely but a little premature for my contribution. Let me explain. Earlier this year the Magistrates’ Association set up a public engagement programme for greater understanding of people’s views on the future of summary justice and the role of magistrates. I was privileged to be asked to chair this inquiry and it is right that I record my interest at this stage. I should also point out that I have served as a magistrate for over 14 years in West Sussex.

The terms of reference of the inquiry were fairly wide:

“To inquire into the role of magistrates and the future delivery of summary justice through engaging with experts and members of the public across the country”.

We have just completed this major exercise and hope to produce our report before next April. Our intention is to inform future policy development as affecting the magistracy. To avoid any confusion, let me add that “summary justice” is a term we apply to all forms of dealing with offenders other than in the Crown Court.

The evidence was gathered by a panel comprising the chairman of the Magistrates’ Association and three or four other national members involved in the criminal justice field. Local Members of Parliament played an important part in a number of consultations, with their overview of the magistracy in their constituency. The evidence-givers included local police, local victims of crime, local magistrates, professionals from intervention agencies, ex-offenders and local legal practitioners. The audience included the local public.

This has been a remarkable and informative exercise. Let me spell out some of the key questions that were addressed. Do the public still support the concept of ordinary—that is, non-legally qualified—citizens being involved as members of the judiciary in the delivery of justice in England and Wales? Do the public have confidence in magistrates? Do magistrates provide a good quality of service? What do we mean by local justice; is “local” still a meaningful concept in that context? What is the role of magistrates in restorative justice? Should magistrates be involved in pre-court or non-court activities, such as the administration of cautions and local justice panels, to deal with offenders? Should magistrates be involved more fully in the management of sentences? Should magistrates be more involved in the rehabilitation of offenders and reintegrating ex-offenders into the community? Does the make-up of the magistracy properly reflect society? Are there any barriers to achieving this? Should courts be more accessible?

Magistrates have existed, as has been explained, for more than 650 years, and we celebrated this in Westminster Hall earlier this year. In all these years, there have been many changes. At present, about 30,000 volunteers serve as magistrates. If the big society is looking for evidence of the involvement of volunteers, it need look no further; magistrates have set a very good example. We see people drawn from far and wide in our diverse community who use their local knowledge, supplemented by training provided by the Magistrates’ Association and the Ministry of Justice. They contribute to maintaining peace and security in the community and deal with more than 95 per cent of cases before the courts. In the present economic climate, it is not a service that the Government can afford to pay for if they have to pay for it.

Magistrates have been impacted by a number of external factors such as criminal justice legislation, which shapes the role and functions of the magistrates. Society being able to convey its confidence or lack of confidence in the decision-making process of the magistrates is also important. This was obvious when, after the recent riots, sentencing by magistrates generated a good deal of publicity. Let me in advance of the report give a flavour of what we found during our consultation. We expected criticism, but instead we found a good deal of understanding about the way magistrates performed their duties. Even victims and offenders had no criticism of the way they were dealt with by the courts.

The incidence and nature of crime may vary from place to place and from generation to generation, but it is obvious that crime is something that all societies have to come to terms with in their own way. We can debate the underlying causes of crime, but most research and consultations have tended to refute rather than confirm the causes of crime and the effectiveness of punishments and treatment. Magistrates tread delicately but effectively, particularly when the public and political mood continues to be conditioned more by tabloid reporting than by the considered way in which magistrates reach their decisions.

It is not possible to elaborate more fully at this stage on a number of our findings, but I trust that my noble friend Lord McNally will offer us the first opportunity to debate and discuss the report with his department. Suffice it to say at this stage that there was an emphasis in its broadest sense of diverting as many young offenders as possible from the criminal justice system. This is not a soft option but an entirely realistic approach to the strictly limited contribution that courts and prisons can make to reduce crime. We were told repeatedly that local justice should remain local in a magistracy that is representative of our diverse society. It is important that liaison with the probation service is enshrined in its duties and that its role should define the extent to which it should be involved in restorative justice, pre-court and non-court activities, the management of sentences and the process that rehabilitates offenders.

In conclusion, the time is right for politicians and others to secure a clear shift in the public's perception of crime and punishment. Six hundred and fifty years of history and more than 30,000 volunteers as magistrates are the envy of the world. Let us make sure that they are not ignored in the challenging times ahead.