Committees

MPs question government on access to justice as outstanding court cases top half a million

22 June 2020

The Justice Committee questions Robert Buckland QC, Lord Chancellor and Secretary of State for Justice, on the issue of access to justice as the number of outstanding criminal court cases – in Magistrates' and Crown Courts – reaches over 524,000.

Witnesses

Tuesday 23 June - remote participation by witnesses and Members of the Committee

At 2.30pm

  • Robert Buckland QC, Lord Chancellor and Secretary of State for Justice
  • Susan Acland-Hood, Chief Executive, HM Courts and Tribunals Service
  • Dr Jo Farrar, Chief Executive, HM Prison and Probation Service

Purpose of the session

The most senior judge in England and Wales, Lord Burnett, said the outstanding caseload had been caused by "years and years” of underfunding of the justice system "coming home to roost". The situation has been exacerbated by the coronavirus pandemic. Some courts have been closed and there have been long delays caused by staff illness and reorganisation necessitated by social distancing.

The Committee will also question the government on its failure to implement Public Health England recommendations to reduce the prison population to Coronavirus-safe levels. Other matters will be raised with the government, including the distribution of pepper spray to prisons without implementing previously agreed safeguards on its use.

These issues will be aired when the Committee meets the Secretary of State for Justice, Robert Buckland QC, and senior officials from the Ministry.

The courts in England and Wales had a large number of outstanding cases before the pandemic. This situation has been worsened by social distancing. The two metre rule means that jury trials, when they can be held, require the space of three courtrooms instead of one.

The authorities have tried to mitigate this by holding trials via phone and video. However, there are concerns that digital proceedings cannot deliver adequate justice, particularly for vulnerable court users. Access has also been limited by some people not having laptops or a private, quiet place to use them in.

A lack of face-to-face contact has also caused other difficulties and confusion. One person said they had taken part in a court case by telephone, in their car. They had driven to attend in person only to find the case had been listed to take place remotely.

Members of the Committee will seek updates on government plans to ensure that the justice system returns to a satisfactory level of service.

They will also ask whether overcrowding in prisons has been dealt with to make them coronavirus-safe. Advice from Public Health England, commissioned by the prisons service, said the most effective safety measure would be single cell occupancy only in all prisons.

At the time the advice was given, this would have required a reduction in the prison population of about 15,000 people.  In April the government gave details of an early release scheme and indicated that up to 4,000 prisoners would be eligible. However, fewer than 100 people have been released under the scheme.

The prison authorities have implemented other measures to improve coronavirus safety, including building new cells. The prison population has also reduced because of normally-scheduled releases and because the reduction in court activity has led to fewer new sentences.

Members of the Committee will also ask why incapacitating pepper spray has been distributed to prisons. The authorities had earlier said it would only be given to prisons which could demonstrate they had carried out detailed safeguarding training. Prison inspectors from the Independent Monitoring Boards said that in the absence of such training the pepper spray was being introduced "by the back door".

MPs will ask whether it is wise to use pepper spray during the coronavirus pandemic. Some experts advise that it should not be used on people with respiratory problems and that administering the spray may make people cough.

A Ministry of Justice study has also shown that pepper spray is used disproportionately on prisoners from black and minority ethnic prisoners. Members of the Committee will ask what is being done to safeguard members of this community.

Further information

Image: Parliamentary copyright