Our regular contributor Jim Gannon spies a change in the justice system: namely a move to discard the unique national asset of magistrates in favour of other means, for what could be described as short term administrative convenience. Is this affecting the way businesses are now dealing with offenders, as they are questioning the merits now of involving the police as prosecution is becoming much less likely?
It’s almost 650 years since the first Justice of the Peace was first appointed in England; so what is happening now to this long established and well proven system? At a time when crime figures are being made to look better than they really are and some performance targets considerably easier to meet, we are learning that some 55 per cent of criminal offences are actually being dealt with outside of our court judicial system. Reports highlight 20pc of offenders who currently breach official cautions are not actually pursued by the Crown Prosecution Service and now on the spot fines are now reaching in the region of 200,000 per annum. A Commons Select Committee was reported earlier this year as describing this as a fundamental change to our concept of a criminal justice system.<br>John Hosking who was the Council Chairman of the Magistrates Association between 1987 and 1990 was recently quoted in the media as saying such a change is ‘potentially terminal’ for the concept of justice itself and especially for the summary jurisdiction of our magistrates’ courts. It is therefore essential to review and arrest the damage being done to both. He also stated that few things define a nation more clearly than how it reacts to internal lawlessness. Faced with persistently high levels of crime, re-offending and anti-social behaviour, embarrassed by burgeoning prison numbers and under police pressure, the Government has resorted to out of court and other desperate measures but its reaction has created vastly more law while reducing opportunities for justice. How true these well crafted words ring. In a country where a strong justice system is needed more than ever what course of action have we chosen to take?<br> <br>Anything but justice will do <br> <br>We only have to read the press to know that official cautions are being handed out for what must be considered as serious offences, including those involving violence and dishonesty, especially theft from employers where trust is the very essence of the job requirement. Worse still and ever increasing is the fact that offenders are not being charged at all. New powers given to the police backed up by supplementary list of of assorted officials, mete out what can only be described as instant justice and a widespread use of the ‘quick fix’ approach to Justice. As John Hosking aptly summed it up and emphasises what we have arrived at today: no argument, no mitigation, no means testing, no compensation, no transparency, no consistency and of course, no need to go to court. What an absolute farce for good old British justice and yet it’s still considered to be the best in the world, but is it ? Have we already embarked on the slippery slope to decline of justice as we know it.<br> <br>Out of court disposal<br><br>Pressure on offenders caught, to take the easy options now on offer, seem to be acceptable and of course no doubt are used to get admissions and detections, which otherwise would have been much harder to achieve or in some cases near-impossible. Arbitrary decisions and suspect methods give little leeway for the real exercise of true administered justice in the way it used to be. What we in the UK despise in many other countries when it comes to the ‘Way and Means’ act when exercising true justice, will inevitably open the door to many forms of corruption which we already know exists elsewhere as a normal fact of life. Present an opportunity long enough and someone will seize it. While there is obviously a case for out of court disposals, it must be said that their inappropriate use as a short cut to summary justice must be a step in the wrong direction and of course an open door opportunity for those who will seek to take advantage of the opportunity it presents for abuse. Should the British public be alarmed by this new trend to issue justice against the normal process of three lay magistrates sitting in unison, of course it should, as it’s just another watering down of our justice system to suit those who come up with the alternative approach to what has worked well for almost 650 years and is still not actually broken. Three JPs sitting in court is being made to look inconvenient according to some reports intentionally or otherwise but are we in fact devaluing our summary justice system as we know it.<br> <br>Remarkable adaptability <br><br>It is a fact that our unpaid lay magistrates have shown absolute remarkable adaptability to the new burdens placed on them as well as extra caseloads, continual changes and of course financial restrictions and although not alone in this, they have managed despite all the adversity, ensured best practice and open visiblity of high quality justice. There are some who have little interest in whether valuable long established institutions survive or not but our magistracy needs support and stregthening, if we are going to maintain the quality justice in this country we have enjoyed for decades without giving much thought to where we would be without it. Although recognised as not being perfect it has served us well and without question still remains one of the world’s fairest and most efficient forms of summary justice. It must be said that there are many countries who would give their right arm for what we have and enjoy as a tradition, and which has been in existence and sustained for hundreds of years.<br> <br>The future <br><br>Big changes to our judicial system are on the horizon; of that there is no doubt. The problem is, will these changes be for better or for worse. By the time we find out we will have probably lost what we had. Although change is no bad thing if it brings improvement and not just for change sake. Is this the time to reaffirm our true belief in the supremacy of true popular justice over reformist bureaucracy, leaving magistrates as the preferred custodian of this countries summary justice system. The so called ‘quick fix’ justice system is flawed both in its application and in its final result. No matter what new process comes up, offering a short cut to justice, it does not in my opinion offer sustainable advantages either to the aggrieved party or in fact the offender and neither does it serve the public’s best interests in the long term.<br> <br>Jim Gannon retired January 2009 from Unipart latterly as New Business Development Director from January 2008 to January 2009.
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