Magistrates

Debate between Lord Faulks and Baroness Berridge

Thursday 7th July 2016 Lords Chamber

[Lord Faulks]

The noble Lord is right; it was as long ago as 2003 that this potential increase in sentence was statutorily allowed. A number of factors have been taken into account by successive Governments. He makes an important point about cost savings. He is quite right; it is, of course, much cheaper to use magistrates than go to the Crown Court and, if they have appropriate powers, it is more likely that magistrates will deal with the matter. We have to bear in mind—I think the noble Lord, Lord Beecham, directed his question towards this matter—the possible effect on the prison population and how magistrates will feel able, or want, to use any increase in powers. It is a difficult question.

[Baroness Berridge (Con)]

My Lords, my noble friend mentioned the incredibly high level of training and expertise that magistrates have. When looking at this Question in relation to today’s first Question, of course the overwhelming majority of motoring offences are also dealt with in the magistrates’ court. On training, will my noble friend the Minister please outline what plans the Government have to ensure that when driverless cars become a reality on our roads, with the potentially complex issues to do with the programming of those cars in the eventuality of an accident, we will still have the expertise in the magistrates’ courts to ensure that the overwhelming majority of such cases are tried in those courts?

[Lord Faulks]

My noble friend makes a good point. The senior presiding judge and HMCTS review the needs of the magistrates’ courts annually, including training for district judges and magistrates. All interested parties are consulted such as local Bench chairmen and local branches of the Magistrates’ Association. The training would include any new potential offences or situations identified through various routes. Clearly, they should include a new concept such as that to which my noble friend refers.

Court Proceedings: Written Transcripts

Debate between Lord Faulks and Baroness Berridge

Tuesday 28th June 2016 Lords Chamber

[Baroness Berridge]

To ask Her Majesty’s Government what steps they are taking to ensure that there is open justice, and in particular open access to transcripts of proceedings in open court, in the light of the availability of digital technology.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, we recognise the importance of a transparent and open justice system. Transcripts of proceedings in open court are available on request, although safeguards are in place to protect vulnerable parties. Our reforms to courts and tribunals will make much better use of digital technology to ensure a more efficient, proportionate and accessible system for all.

[Baroness Berridge (Con)]

My Lords, I am grateful for my noble friend’s Answer, but on 27 April he stated that Her Majesty’s Government would make court proceedings more accessible and make it easier for the public to understand court proceedings. In April this year, I made a request via the Library for the sentencing remarks in a hearing in open court, and the cost per hour turned out to be £144 plus VAT. Will my noble friend undertake not only to use digital technology but to ensure that the Ministry of Justice gets value for money and that our courts are accessible? On investigation, it seems that numerous companies are operating to record proceedings in numerous parts of the country, so there also seems to be scope for economies of scale in this area.

[Lord Faulks]

I am grateful to my noble friend. She is quite right: she drew the ministry’s attention to her difficulties. There are a number of contracts in existence, and some of them have been extended at various times. The ministry is currently progressing a re-procurement of all court and tribunal transcription services, and new contracts are anticipated by the end of 2016. The cost of transcripts depends on the length of the hearing. There is a difference between sentencing remarks, by which we mean the remarks accompanying the judge actually passing sentence, and the sentencing hearing, which can be very much longer and cost something like £800 or £900 per day in the Crown Court and rather more in the High Court. If you can refine your search, it tends to be very much cheaper.