Judicial Review and Courts Bill

Debate between Edward Timpson and Robert Neill

Report stage
Tuesday 25th January 2022 Commons Chamber

[Sir Robert Neill]

I agree with my hon. Friend and recognise his experience in the field. I do not think this needs to be framed as a backlog-reducing measure. There is merit in the measure in its own right, as there was in 2003 when the Labour Government introduced it. With all due respect to the Minister, it does a bit of disservice to the measure to say it is done to reduce the backlog, and that it can be reversed. I would hope it would not be reversed; it is desirable in terms of a better allocation of case time, and it is a better use of court arrangements to keep lower level cases in the magistrates court.

A powerful point was made about the reduction in the number of committals for sentence and those cases when the magistrates refuse jurisdiction in relation to either-way offences. I do not think that will be eaten away by people electing that course of action needlessly, particularly if they have good and sound early legal advice.

That is where I think we can improve the system. Doing so does not require our legislating in this Bill, but we should make sure that when we revise the legal aid system, we front-load it so that there is proper legal advice available from solicitors at a very early opportunity to get informed pleas and early disclosure into the system. That will of itself be likely to keep more cases down at the magistrates court level, and would get more pleas. When they are confronted with the reality of the evidence, and with sound advice, more people will accept that they should enter a guilty plea when they have committed an offence.

That is the right way to deal with the issue, which is why I think the amendment is entirely justified in any event. Of course, it has to be applied on a national basis. The idea of a pilot never seemed realistic and would be against the principle of natural justice. It could not be right if there was a postcode lottery and someone could get a higher sentence in Bury than they could in Bromley because one was in the pilot. We either do it nationally or not at all, and the Government have made the right call.

I hope we will continue to invest in training and professional support for the magistracy, which again our Committee report called for.

[Edward Timpson]

We have to remember that magistrates sit not only in the criminal courts, but in the family proceedings courts. Support and advice, and the recruitment of magistrates, will be really important in making sure that children and families are also getting justice through the family court system.

[Sir Robert Neill]

That is entirely true. We know that there is sometimes a struggle to get sufficient magistrates to sit in the family jurisdiction. They are absolutely crucial. There is a separate piece of work that needs to be done, so that, as with early legal advice, informed decisions and choices are made. That applies in the magistrates court in the criminal jurisdiction and also to decisions that have to be taken in family court proceedings. I am a great believer that the lawyer is the best route into mediation in many family law cases. Having the magistrates end of the family jurisdiction treated seriously is really important for doing justice and for the early resolution of issues for the benefit of the parties and the children involved.

Oral Answers to Questions

Debate between Edward Timpson and Robert Neill

Monday 20th March 2017 Commons Chamber

[Edward Timpson]

I am well aware of the effects of foetal alcohol syndrome. I saw them for myself as I was growing up in some of the foster children whom we looked after. I know it is a cause that the hon. Gentleman has been strongly advocating. Changes to teacher training and to teachers’ standards has meant that much greater emphasis is placed on ensuring that teachers are skilled in special educational needs, of which foetal alcohol syndrome is part, but of course it is what happens on the ground that is important, and we will continue to do what we can to ensure that that practice improves.

[Robert Neill (Bromley and Chislehurst) (Con)]

4. What assessment she has made of the progress of the priority school building programme 2.