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Justice for All CJS_Cover 16/7/02 3:51 pm Page 1 Justice for All for Justice Justice for All CM 5563 Justice for All Presented to Parliament by the Secretary of State for the Home Department, the Lord Chancellor and the Attorney General by Command of Her Majesty July 2002 CM 5563 £20.75 © Crown Copyright 2002 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] Foreword The people of this country want a criminal justice system that works in the interests of justice. They rightly expect that the victims of crime should be at the heart of the system. This White Paper aims to rebalance the system in favour of victims, witnesses and communities and to deliver justice for all, by building greater trust and credibility. Lessons learnt through joint working, including the Street Crime Initiative, have already made a difference in bringing together the Crown Prosecution Service, the police and courts. This has assisted us in speeding up and increasing the efficiency of the system. But root and branch reform is still required. In this country, we have a tradition of criminal justice of which we can be rightly proud. Whilst we need to ensure that there is a fair balance of rights between the defence and prosecution, we are determined to ensure that justice is done and is seen to be done. Too few criminals are caught or convicted or prevented from reoffending. Justice denied is justice derided. This White Paper is designed to send the strongest possible message to those who commit crimes that the system will be effective in detecting, convicting and properly punishing them. This statement of policy therefore encompasses not only the work of those responsible to the Home Office, to the Lord Chancellor and the Attorney General, but also those partners at local as well as at national level who have a critical part to play in both improvement and delivery. This White Paper represents the Government’s view as to what should be done to modernise and improve the criminal justice system so its aims can be achieved more effectively. There are some parts of this White Paper where we have specifically asked for views on these points. We welcome the views of all those in the community as well as participants and interest groups related to the criminal justice system. Finally, we are indebted to Sir Robin Auld and to John Halliday for their extensive and thorough reviews of the criminal courts and sentencing policy, and to all those who contributed to the public consultations that followed. In December 1999 Sir Robin Auld was commissioned by the Lord Chancellor, the Home Secretary and the Attorney General to inquire into: ‘the practices and procedures of, and the rules of evidence applied by, the criminal courts at every level, with a view to ensuring that they deliver justice fairly, by streamlining all their processes, increasing their efficiency and strengthening the effectiveness of their relationships with others across the CJS, and having regard to the interest of parties including victims and witnesses thereby promoting public confidence in the rule of law.’ Sir Robin was assisted by consultants and he received over 1,000 submissions from organisations and members of the public. His report, Review of the Criminal Courts of England and Wales, was published on 8 October 2001. The period for comment following publication of the review ended on 31 January 2002. Nearly 500 responses were received from stakeholders and members of the public. In addition, a series of meetings was held with stakeholders, and fourteen regional discussion events were attended by interested parties, with Ministers and officials listening to views. John Halliday’s report of a review of the sentencing framework for England and Wales, Making Punishment Work examined whether the sentencing framework for England and Wales could be changed to improve results, especially by reducing crime, at justifiable expense. The review looked at: • judicial discretion in sentencing and the guidelines governing its use; • the framework of statute law; • the types of sentence that should be available to the courts, with the aim of designing more flexible sentences that work effectively, whether the offender is in prison or in the community; • the ways in which sentences are enforced; • the systems that govern release from prison; and • the role of the courts in decision making while the sentence is in force. The review was published on 5 July 2001 with a consultation phase through to 31 October 2001. Nearly 200 responses to the report were received from those connected with the CJS and members of the public. Roles of the Criminal Justice System Agencies and Partners Service CJS Role Home Office The Home Office is the government department responsible for internal affairs and leading on criminal policy in England and Wales. It has a specific aim of working closely with the LCD and CPS to deliver justice through effective and efficient investigation, prosecution, trial and sentencing and support for victims. The Home Office also oversees the police, the Youth Justice Board, Prison and Probation services and supports the work of the charity Victim Support. Lord Chancellor’s The Lord Chancellor's Department aims to secure the efficient administration of justice Department (LCD) in England and Wales through the effective management of the courts and the appointment of judges, magistrates and other judicial office holders. The LCD is also responsible for the administration of legal aid and also has the oversight of a wide programme of Government civil legislation and reform. Police Prevent and reduce crime, and deal with all aspects when a crime does occur – investigate, arrest, detain, appear as expert witnesses in court and provide a high quality of care to victims and witnesses. Crown Prosecution Independent prosecution service. Currently receives cases charged or summonsed by the Service (CPS) police and decides whether to continue with, or discontinue the prosecution. Prepares cases for prosecution and presents them at court. Liaises with victims and witnesses. The Director of Public Prosecutions is head of the CPS and is accountable to the Attorney General. Serious Fraud Office (SFO) A non-ministerial department that investigates and prosecutes serious or complex fraud in England, Wales and Northern Ireland. The SFO Director is accountable to the Attorney General. Forensic Science Service Provides scientific support in the investigation of crime, and expert evidence to the courts. The work undertaken includes the laboratory examination of exhibits, the evaluation of forensic evidence, expert witness testimony at court and awareness training. Also helps coroners to investigate the causes of sudden, unexpected and unnatural deaths. HM Coroner Responsible for the investigation of suspicious and untoward deaths in England and Wales. Criminal Defence Service Set up in April 2001, to fund criminal defence services through a flexible system of contracts with private sector lawyers and salaried defenders. Run by the Legal Services Commission, the successor to the Legal Aid Board. Court Service Responsible for the running of the majority of the courts and tribunals in England & Wales, other than magistrates' courts i.e. Crown, County, Appeals, and provides the necessary services to the judiciary and court users to ensure its impartial and efficient operation. It also advises the Lord Chancellor on his responsibilities in relation to magistrates' courts. Victim Support An independent charity which provides information and support to victims and runs the Court Witness Service, which provides support for any witness who needs it in both the Crown Court and magistrates' courts. Magistrates’ Courts Lay magistrates and District Judges deal directly with summary or either-way offences (95% of all cases) or refer cases to Crown Court. Youth Courts, with specially trained magistrates, deal with defendants aged 17 and under, based in or near the magistrates' court. Crown Court Deals with all trials on indictment and with persons committed for sentence, and hears appeals from lower courts, including youth cases. Types of offences are directed to certain court tiers e.g. homicide, and the most serious offences can only be tried by a High Court judge. Roles of the Criminal Justice System Agencies and Partners Service CJS Role HM Prison Service Protects the public and reduces reoffending by detaining suspects on remand pending court appearance and by detaining convicted criminals post sentencing. Provides healthcare and education for offenders and works to rehabilitate them. Parole Board This independent executive Non-Departmental Public Body makes risk assessments to inform decisions on the release and recall of prisoners. Its aim is both to protect the public and successfully reintegrate prisoners into the community. National Probation Service An enforcement service that protects the public and reduces reoffending by ensuring proper supervision and punishment of offenders in the community. It also ensures that offenders are aware of the effects of crime, rehabilitates offenders and advises the courts on suitable sentences for offenders. HM Inspectorate of This Inspectorate is responsible for carrying out inspections of provincial police forces Constabulary under the Police Act 1964. It promotes collaboration between forces. It also encourages the application of up-to-date techniques and the results of central police research. It provides advice to the Home Secretary and the Home Office on professional police matters.
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