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Ministry of Justice running services according to costs not justice, says magistrates’ leader (9 December 2013)

Date: 09/12/2013
Duncan Lewis, Crime Solicitors, Ministry of Justice running services according to costs not justice, says magistrates’ leader

The chairman of the Magistrates’ Association in England and Wales has accused the Ministry of Justice (MoJ) of putting financial cuts to the Justice system before justice itself.

Richard Monkhouse said that courts were being closed, JPs were “walking away” from the post – and staff numbers were being “decimated” by the cuts.

Mr Monkhouse claims that Courts & Tribunals Service has instructed magistrates not to “engage” with adult defendants before passing sentence – a practice which can reveal more about a defendant’s background.

However, in youth courts, magistrates are encouraged to speak to defendants and find out more about them.

Keeping court proceedings brief could cut costs by enabling more cases to be heard during the day, Mr Monkhouse says.

However, he pointed out that cutting off engagement with a defendant if they are 18 or over does not necessarily make sense.

“By what logic does an offender reach the age of 18 and suddenly be excluded?” he said, adding that engaging with a defendant may reveal whether they have issues with substance abuse or are homeless.

HM Courts & Tribunals Service has denied Mr Monkhouse’s allegation that magistrates have been instructed not to talk to defendants.

“It is entirely a matter for the magistrates as to how a particular hearing is managed,” said a spokesperson.
“We fully support effective judicial engagement with offenders in both youth and adult courts.”

The coalition government has overseen a total of 89 magistrates’ court closures across England and Wales. A total of 49 county courts used for hearings about civil cases have also closed.

Mr Monkhouse has been a magistrate for 10 years and the Magistrates’ Association of England and Wales has around 23,000 members.

The government believes that as much as £99 million could be saved within 10 years by closing courts. Mr Monkhouse told the prison watchdog journal Independent Monitor that the justice system is “sinking” and is being run on the basis of cost.


The coalition government announced in 2010 that it would be closing 103 courts in a shake up of the criminal justice system.

Magistrates’ Courts deal with a range of cases, including licensing applications, minor crimes and Crown Court committal hearings.

When the coalition government came to power in 2010, England and Wales had 300 magistrates’ courts. Justice Secretary and barrister Kenneth Clarke said he would ensure that the most “strategically important” courts would remain open.

“When public finances are under pressure, it is vital to eliminate waste and reduce costs,” said Mr Clarke in 2010, when he also announced swingeing cuts to the justice budget, including publicly funded cases (also known as Legal Aid cases).

Recent cuts in Legal Aid have been criticised for depriving some claimants of the chance to obtain public funding to fight their cases – including some cases of women suffering domestic violence at the hands of a partner.

To cut court costs under the new Legal Aid, Sentencing and Punishment of Offenders Bill, family disputes will most likely be recommended for mediation, meaning that victims of domestic violence may end up having to face their abuser over the mediation table.

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