argyrotsipi/train-dataset huggingface dataset:
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): 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.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Anthony Edward Timpson (Conservative, Centre-right): 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.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): 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.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I understand the spirit in which the shadow Minister makes that point. He will know that the Justice Committee has said on a number of occasions that we cannot get justice on the cheap. I accept that we cannot write blank cheques, but the fact is that the proportion of total public spending that goes on the court system is a fraction of a fraction. We get justice for a very small amount of overall public spending in this country and a modest increase in that could be entirely justified, even within the existing budgets. With the increase in the Department’s allocation in the last spending, there is scope to do that. However, in terms of a greater reprioritisation of Government spending, more weight ought to be given to the importance of an effective justice system. It is a fundamental part of a democratic society and of the rule of law, and the magistracy are a key part of that I understand the spirit in which the shadow Minister spoke to a number of his amendments. I have sympathy with a lot of the thrust behind them and I hope that the Government will take them on board. I do not think that they need to be written in legislation, but there are issues relating to the way in which the single justice procedure operates. I am not against this—I think we have all seen what happens in magistrates courts when a bench sits in an entirely empty court going through a whole list of TV licence defaults or road traffic offences where nobody has attended. That is not a good use of time A fair point was raised with the Justice Committee about this issue in relation to open justice. More needs to be done to improve, for example, publication of the lists online so that people can be aware of what is happening and what can be done in relation to the publication of the results. That does not require legislation, but it should be invested in. Again, it is a small amount in the overall scheme of things I also share some of the concerns about the operation of the Common Platform. We have to accept that that is not necessarily a silver bullet; virtually no public sector IT system ever is. We have to continue to invest in it, but we cannot ultimately get around the fact that criminal justice—in fact, all justice systems—ultimately depends on the quality of the individuals in it. The technology is there to help, but ultimately, it is the good-quality lawyers, good-quality judges and good-quality probation professionals who help.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
James Barry Daly (Conservative, Centre-right): My hon. Friend is making an excellent speech. On the justice system and quality individuals, does he, like me, welcome Sir Christopher Bellamy’s report and recommendations, and would he encourage Front Benchers to take a very favourable view of them?
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I know we are straying towards the edge of the topic, Madam Deputy Speaker, but I think this is germane, because to make these reforms to the court system work, we have to invest in the professionals who operate in it. I welcome Sir Christopher’s report; it is immensely well researched and immensely well written. The truth is that within the uplift in the Department’s funding, there is scope, I say to the Minister, to implement Bellamy over the period of the spending round. I know that he has had constructive engagement already with Sir Christopher, and I urge him and his colleagues to continue to do so. We should thank Sir Christopher for his work I hope, therefore, that we will support the Government amendments. I hope that the Opposition will not press their amendments to a vote, but they raise legitimate issues that the Government should take on board. We all want to co-operate on having a court system that works. Efficiency should not be a matter of partisan debate, because justice must continue to be there, and the more settled arrangements we have across the House, the better confidence will be Finally, I express my thanks to magistrates. I have many friends who have served as magistrates. They do a very great public service, but the more magistrates we can get who are younger, the better. We have done pretty well on gender diversity, but we need to do more about recruiting magistrates from ethnic minority communities. That must continue to be a priority. I hope that that will be done by valuing the job; by giving them the resources, and that includes the physical resources and the buildings they sit in, many of which are pretty woeful; by a more imaginative approach to local justice—to where custody cases, for example, are not necessary and to listing cases nearer to people’s homes—by making it easier for witnesses to get to courts, because that was a concern that we raised in our report on access to justice some years ago; and by encouraging the best-quality people to go into the work that is done at the sharp end. That work, actually, is largely in the solicitors’ profession—I say that as a member of the Bar—because they are the people who do the police station call-outs, the early advice and the first appearances in front of magistrates. That is why Sir Christopher’s report, in that regard, is very important.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
James Barry Daly (Conservative, Centre-right): Based on his long experience in the magistracy, does my hon. Friend agree that the increase in sentencing powers is not going to have a great impact on the magistrates? They are not suddenly going to decide to send to prison everybody they previously would not have sent to prison because of that increase; it simply expands the sentencing range open to the court. I join my hon. Friend in praising our magistrates, who are experienced, common-sense people from their own communities who make decisions in the interests of justice.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): My hon. Friend makes an important point about the youth courts. Does he agree that it is often not appreciated that the youth courts deal with very serious matters which, if they involved adult offenders, would undoubtedly go to the Crown court, and that requires not only the best possible lawyers, but the most experienced and diverse magistracy available to deal with those important cases, just as we would expect for a jury, with the same level of experience of the world that is brought to bear across the piece?
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Andrew John Carter (Conservative, Centre-right): My hon. Friend is absolutely correct. The sentencing powers of youth courts are already far greater than those in magistrates courts for criminal offences. I do not sit in youth courts, but I have observed them and I know that the conversation and dialogue that takes places between the bench and the young person who finds themselves in court is very different. We do need a really broad, balanced bench in the youth court. I encourage the Minister to look at what support he can give to encourage employed people and young people to come into the magistracy The Young Magistrates Network—it is co-ordinated by a young magistrate, Luke Rigg, who has done a marvellous job of looking at this area—has made some very good recommendations, which I think HMCTS is now considering as part of its review. We need to ensure that any recruitment campaign is targeted, using social media, in the right places. I encourage the Minister to look at the school governors’ network, which has done a really good job of talking to employers about the value that somebody who is a school governor can bring to their business. I think that magistrates can also bring a tremendous amount to a business Since coming to this House, I have pushed for a number of things to happen in relation to the magistracy. I have raised three or four issues many times, so it is absolutely brilliant that the Minister is putting them all in the Bill. It is like all my birthdays coming at once: everything is happening on the right day. I am very supportive of the Bill. I thank the Minister for engaging with the magistracy and the Magistrates Association, for listening to JP colleagues and for the progress that we are making.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
James Roger Cartlidge (Conservative, Centre-right): It is a pleasure to follow the hon. Member for Lewisham East (Janet Daby), who makes a very good point about diversity. The new recruitment campaign that we have launched for magistrates this week is very clearly focused on attracting a more diverse audience of potential participants to consider joining the bench In fact, the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), said that the increase in sentencing powers must not just be a backlog measure—and it is not. I will give a good example of that: on the day that we announced the change, I am reliably informed that "How do you become a magistrate?" was one of the trending searches on Google. The serious point is that the very fact of raising those powers shows our commitment to the magistracy and, in my view, will help to attract more people, because it shows how seriously the Government are taking it.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Nigel Martin Evans (Conservative, Centre-right): We now come to amendment 20, which has been selected for separate decision Clause 3 Automatic online conviction and penalty for certain summary offences Amendment proposed: 20, page 5, line 34, at end insert— "(e) the prosecutor is satisfied that the accused does not have any vulnerabilities and disabilities that impede the ability of the accused to understand or effectively participate in proceedings, having undertaken a physical and mental health assessment." This amendment would require that all accused persons considered for automatic online convictions are subject to a health assessment, and that only those who do not have any vulnerabilities or disabilities are given the option of being convicted online.—(Alex Cunningham.) Question put, That the amendment be made.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
James Roger Cartlidge (Conservative, Centre-right): I beg to move, That the Bill be now read the Third time. The Bill has received careful and sometimes impassioned scrutiny from Members on both sides of the House, and I thank all hon. and right hon. Members who have contributed. Were I to summarise the Bill in a nutshell, I would say that its common thread was streamlining our courts, not least so that we can bear down on the backlog that has built up during the pandemic.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
James Roger Cartlidge (Conservative, Centre-right): I respect the hon. and learned Lady’s considerable expertise in these matters. I did write to her on that, and I think I answered that question earlier. We scrutinised the Bill in great detail in Committee, but I accept the strength of her view on that point Part 1 of the Bill strengthens judicial review, ensuring that it continues to serve justice and good public administration. This would not have been possible without Lord Faulks and his panel, who produced an independent review of administrative law. Their thorough work in this area is of great importance and laid the foundations for the measures in the Bill. As it stands, the Bill delivers on commitments that we made ahead of the last general election. It offers more flexibility to judges and puts more tools in the judicial toolbox The reforms in part 2 modernise and improve aspects of the court and tribunal system. The measures support court and tribunal recovery, and deliver improvements to the criminal justice system and to coronial processes. They build on the lessons of the pandemic and will increase the efficiency, adaptability and resilience of our justice system Today we have also included provision in the Bill for a power to vary the maximum sentence that the magistrates court may give for a single triable-either-way offence. This is part of our plan to extend the sentencing power of magistrates, so that we can keep more sentence hearings out of the Crown court, freeing up capacity to help us to tackle the backlog more quickly. That extension will help us to retain more cases in the magistrates courts, reducing the flow of cases into the Crown court, and will help to support recovery in the Crown court, where it is so important. It is estimated that it will save around 2,000 Crown court sitting days per year, which is the equivalent of 500 jury trials, allowing us to reduce the backlog more quickly I thank all hon. Members who contributed to debate on the Bill, particularly the members of the Bill Committee, during which time we made some clarificatory amendments to the Bill. I also thank the witnesses who joined us in Committee; the range of contributions from experts of considerable esteem greatly enriched our debates. Finally, it would be remiss of me not to thank the excellent officials from the Ministry of Justice, whose support has been invaluable throughout. I commend the Bill to the House.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I have great respect for the hon. Member for Stockton North (Alex Cunningham), but I am afraid I have to disagree with his characterisation of the Bill. It makes modest reforms, which seem sensible. Although I accept that the changes to judicial review are not uncontroversial, they are not a wholesale attack. I would not support them if they were. It is important to recognise that judicial review is fundamental. We need to get that on the record. It is an absolutely necessary part of the checks and balances. It can be refined, but it must never be undermined in principle. I do not believe that the Bill does that It is important that we properly fund the system that enables the courts to deal with judicial reviews and other matters. In fairness, there is a missed opportunity. I agree with the shadow Minister about funding for families of bereaved persons at inquests. The Justice Committee’s report advocated that and I hope that the Government will not give up on it, but revisit it because there is an equality of arms argument here. That is not a reason to vote against the Bill, but I think that the Government have missed a trick and I hope they will reconsider that The changes to the criminal justice system are worthwhile in themselves, but it is important that the Government did not go greatly beyond the report by Lord Faulks, whom we should congratulate again. I hope the Government will adopt the same approach to the review by Sir Peter Gross. Sometimes less is more.
Judicial Review and Courts Bill — House of Commons, 2022-01-25
Topic: Law and Crime
Marco Longhi (Conservative, Centre-right): Tributes should be paid to the judges and legal professionals who have kept our courts operational during the pandemic to the best of their ability, using technology to do so, much as we have during the last two years. It must be our priority to break through the backlog in the criminal courts, partly caused by the pandemic. Just yesterday, I received details of an awful assault in 2019 in my constituency that will be heard in court only in 2023. That delay prevents victims from receiving justice in a timely manner, does not allow closure and can delay access to the Criminal Injuries Compensation Authority The Bill Committee, of which I was a member, heard evidence from specialist witnesses that implementing the Bill would save time and make our courts more efficient and effective. If I have learned anything during the pandemic, however, it has only entrenched my belief that the Opposition seek to hold us back: they voted against the Bill, they have just said that they will do so again, and they claim that there is no need for reform of judicial review. As with everything they do, there is dithering and delay. Our justice system and our constituents would be far worse off if they were in charge There is no area of the law that allows individuals, families, local government, business and so on to have more than two bites of the cherry in court—with one exception, namely illegal immigration appeals. That is another reason why the Opposition disagree with the Bill: because they are quite happy for the country to continue being a magnet for illegal immigration. When challenged in Committee, not once did an Opposition Member explain why illegal immigration should benefit from a third bite The Bill includes provision to ease the backlog in criminal courts and introduces measures to reduce the strain on magistrates courts. It also introduces a new online common platform, which will allow those who so wish to conduct all pre-trial proceedings online. Just as our parliamentary activities have benefited from being supplemented by virtual alternatives—I emphasise that they have been supplemented, not replaced—so can our legal sector benefit.
Legal Protection of Cats — House of Commons, 2022-01-25
Topic: Transportation
Nigel John Mills (Conservative, Centre-right): I rise to present a petition organised by Mr Anthony and Mrs Susan Wilson from Codnor in my constituency, who were moved to do this after they lost their cat in a road traffic accident The petition says: The petition of residents of the United Kingdom, Notes that there are approximately 12.2 million cats kept as pets in the UK; further that around 230,000 cats are killed as the result of a road traffic accident every year, according to the most recent statistics available; and declares that cats should be granted the same legal protections that dogs are given if they are involved in an accident with a motorist The petitioners therefore request that the House of Commons urge the Government to take into account the concerns of the petitioners and take immediate action to ensure that motorists are required to report accidents involving cats to the police And the petitioners remain, etc [P002706]