Criminal Justice Minister Nick Herbert says justice 'must be swift, sure and seen to be done, or it's not done at all'

 

The criminal justice system can be opaque, impenetrable, too concerned with defendants and too little concerned about victims, Nick Herbert said today.

Justice "must be swift, sure and seen to be done, or it's not done at all", the Policing and Criminal Justice Minister said.

Backing the use of technology and calling for more efficiency, he said that the state too often acted "like a bad parent, neglectful in repeatedly tolerating bad behaviour and then inevitably harsh".

"As well as dealing with defendants swiftly, we need to get a proper grip on them, taking the right action to prevent them sliding into ever more serious crimes," Mr Herbert said.

Launching the Government's "swift and sure justice" White Paper, he said there has been a culture within the criminal justice system which has tolerated delay and which must change.

There were 53 separate processes for one common assault case, he said, leading to it taking 15 weeks despite the fact the case only needed six hours of work.

"Justice must be swift, sure and seen to be done, or it's not done at all," he said.

The system "can be opaque and impenetrable" and "we must open the system up", he added.

"It can be too concerned with defendants and too little concerned about victims."

Last year's riots showed how quickly the system could work in some cases and that should be the norm, not the exception, Mr Herbert said.

But he insisted he was not calling for "rushed justice".

Mr Herbert highlighted the case of a Lithuanian lorry driver who was caught drink-driving in Kent last month.

He was taken to the police station, was charged at 9.21am, appeared before magistrates via a virtual court, pleaded guilty and, by 11.35, was disqualified from driving for 36 months, fined £1,500 and ordered to pay costs.

"That's what I mean by swift justice," Mr Herbert said.

Court hours will be more flexible, technology will enable police officers to give evidence remotely and video links for defendants and witnesses will become routine, he added.

Police will also be given simpler guidance on how to deal with offenders, while magistrates will have the power to check officers' use of cautions and penalty notices following concerns that serious and persistent offenders were escaping justice.

Under the plans, magistrates will also be given a stronger role in community justice, with single magistrates sitting outside of courts, such as in community centres, "to dispense rapid and effective justice in low-level, uncontested cases".

Neighbourhood justice panels will also be brought in to deal with anti-social behaviour and low-level crime, with offenders making amends to victims and repairing any damage done.

Mr Herbert said it would be a "measured return of power and responsibility to communities to resolve less serious crimes quickly and rigorously".

"Citizens aren't a threat to justice," he added.

"They are integral to our justice system."

Graham Beech, director at the crime reduction charity Nacro, said: "Speedy justice makes it easier to connect the sentence with the crime.

"But speeding up the process shouldn't be at the expense of proper justice or compromise the crucial need for appropriate sentences."

Javed Khan, chief executive of Victim Support, broadly welcomed the moves, saying the justice system could be "painfully slow" for victims and witnesses.

Shadow justice secretary Sadiq Khan said: "I hope the Government are going to explain exactly how this is going to be funded.

"The fear is that these proposals are simply designed to save money.

"And if this results in the cutting of corners within our justice system, it increases the risk of miscarriages of justice, which will further erode the public's confidence."

Richard Atkinson, chairman of the Law Society's criminal law committee, said: "We are concerned by the Government's obsession with speed and its apparent belief that speed and efficiency is one and the same thing.

"In particular, we question whether there is any need for weekend courts at a time when the numbers of criminal cases are declining and when these proposals will cause problems for prisons and the availability of other professionals in the system.

"There will be significant costs at a time the Government says there is no more money, including for defence practitioners who are mostly small businesses and do not have the same flexibility as large employers, such as the CPS and the court service."

He added: "We are keen to discuss these with Government, but it is mistaken if it believes that these changes can be achieved in a way which is cost-neutral."

Independent Comment
blog comments powered by Disqus
Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
Imperial Cities of Morocco
Seven nights half-board from only £799pp Find out more
Historic Sicily
Seven nights half-board from £799pp Find out more
4* all-inclusive Crete
Seven nights from only £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

Johnny Marr talks relationships and reunions

He's worked with Modest Mouse, the Pet Shop Boys and Beck, to name a few, and recently released his first solo album. So why, wonders Johnny Marr, do people still hark on about The Smiths?
After the flood: From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands

In pictures: After the flood

From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands
Death becomes her: Meet the very modern mortician who champions 'cool' funerals

Death becomes her: A very modern mortician

Ever considered baking a loved one's remains into a cake or putting their ashes in fireworks? If so, talk to Caitlin Doughty, champion of the alternative death industry.
How long can the 'Keep Calm' trend carry on?

How long can the 'Keep Calm' trend carry on?

At first it seemed clever and cute. Then the 'Keep Calm' motif went mad, spawning endless offshoots.
The man who built Brum: A lament for the demise of John Madin's Brutalist Birmingham

John Madin: The man who built Brum

The architect's buildings were supposed to leave an indelible, futuristic mark on his beloved hometown but they are now being inexorably torn down.
School of chop: Learning the art of butchery at the Ginger Pig

School of chop: Learning the art of butchery

How do you butcher a lamb? Or make Mexican street food in a British kitchen? Christopher Hirst finds out.
James Pembroke: The man who's eaten everywhere

The man who's eaten everywhere

Few people know more about restaurants than James Pembroke, who only spent five mealtimes at home during his entire childhood.
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

The young JFK praised 'superior' Nordic races during visits to Germany
Banned Iranian director Mohammad Rasoulof to attend Cannes Film Festival 2013, his first public appearance since prison

Banned Iranian director to attend Cannes Film Festival

Mohammad Rasoulof to make his first public appearance since being imprisoned three years ago
Seeing the larger picture: Inspiring images of space

Seeing the larger picture: Inspiring images of space

An exhibition explores images how photography has shaped astronomy
Eat Spam and carry on: Wartime pamphlets could teach us a thing or two about healthy, thrifty eating

Eat Spam and carry on

Wartime pamphlets could teach us a thing or two about healthy, thrifty eating
Facial hair: Cat beards and the purrrsuit of excellence

Facial hair

Cat beards and the purrrsuit of excellence
The 10 Best salt and pepper sets

The 10 Best salt and pepper sets

Whether they're for everyday use or to make your dining table look just right, it's worth getting a stylish shaker...
Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Chief executive says trophies will come if a 'core' of suitable players is in place
Thomas Müller: We couldn't handle losing a Champions League Final again

Thomas Müller: We couldn't handle losing a Champions League Final again

The Bayern Munich forward tells Tim Rich his side have to shed chokers' tag after two recent final defeats