Making trials run on time

Judges must minimise the ‘human impact’ of delay

Reforms aimed at reducing delays and prioritising trials in the criminal courts of England and Wales have been announced by the lady chief justice, Baroness Carr. There will be greater use of live links in appropriate cases so that more participants can attend hearings remotely.

The first national framework for coordinating case priorities in the Crown Court and the magistrates’ courts will take effect in October. Based on two sets of instructions to judges, it will make full use of modern communication methods.

Baroness Carr and Lord Justice Edis announcing the reforms

A practice direction on listing will require courts to prioritise cases for hearing in a way that minimises the human impact of delay, promotes the fairness of proceedings and makes fair and efficient use of available judicial and court resources.

A practice direction on live links is aimed at supporting access to justice by enabling court users to attend proceedings remotely if that helps them take part effectively or where it is most efficient use of court resources.

Carr and Lord Justice Edis, who’s vice president of the Court of Appeal’s criminal division, have made a video explaining the changes. Click the the ► symbol to watch:

Listing

Judges retain responsibility for deciding when cases are listed for hearing, though they may delegate administrative work to court staff. They are told that the priority for listing any case must be decided after considering the impact of delay on participants and the fairness of the proceedings. This is referred to as the “human impact” of delay.

Factors and tiers

In assessing it, the court must have regard to these primary factors:

• The seriousness of the offence;

• Whether a defendant has been remanded in custody;

• Whether any victim, witness or defendant is a child or otherwise vulnerable or requires accommodations;

• The extent to which delay is likely adversely to affect the safety, wellbeing or recovery of any victim, witness or defendant;

• The extent to which delay will adversely affect the quality of evidence; and

• Any other circumstance likely to increase the human impact of delay.

In any case involving a child defendant, the court must have regard to the welfare of that defendant as a primary consideration in listing decisions.

Subject to these considerations, the court must also have regard to a number of secondary factors:

• The need for certainty and advance notice of trial dates;

• The availability of suitably qualified judiciary;

• The desirability of judicial continuity;

• The efficient use of courtrooms and judicial resources;

• The availability of the instructed advocate and the desirability of continuity of representation;

• The need to ensure that adequate time is allowed for preparation and for hearings; and

• The need for special security measures for high-risk defendants.

After considering these factors, the court will allocate the case to one of seven tiers, ranging from homicide to economic crime.

Live links

The new guidance explains when certain types of hearings should be conducted remotely and when attendance in person will generally be required. Judges will retain their discretion to decide these issues in the interests of justice.

Carr said:

Remote participation in court is an established and important part of proceedings across jurisdictions. New guidance contributes to making the justice system more accessible and efficient by increasing the appropriate use of remote participation.

It should help cases move through the courts more quickly, reduce unnecessary travel and delay, and help to reduce backlogs — while maintaining open justice, judicial discretion and the fairness of proceedings.

Response

The reforms were welcomed by Sarah Sackman KC, the courts minister. “By prioritising rape cases and ending the uncertainty of floating trials,” she said, “these reforms mark a significant step towards delivering swifter justice for victims.”