Magistrates'
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Mid & South Glamorgan Branch


Criminal
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"Justice for All"
White Paper is published

The long awaited Government White Paper on the future shape of the Criminal Justice System in England and Wales was presented to the House of Commons today (17th July 2002) by Home Secretary, David Blunkett.

The White Paper represents, among other things, the Government's response to recent reports by Sir Robin Auld and John Halliday.

The White Paper can be downloaded CLICK HERE. The Document is a substantial one at over 950kB and will take some time to download (variable depending on the speed of your connection to the internet.

The main points of the proposals (as summarised by the BBC) are:
 


 Trials

  • Reveal defendants' previous convictions "where relevant"

  • Scrap double jeopardy so that "in grave cases where compelling new evidence has come to light, an acquitted defendant can be tried for a second time for the same offence"

  • Bring crown courts and magistrates' courts together under a unified administration

  • Increase magistrates sentencing powers from six to 12 months

  • Introduce trial without jury in serious fraud cases where there is a risk of jury intimidation

  • Strengthen youth courts to deal with young offenders accused of serious crimes

  • Provide more incentives for early guilty pleas to save court time

  • Make "hearsay" evidence admissible


 Victims

  • A national strategy for victims and witnesses to be published later this year

  • A new Independent Commissioner for Victims and Witnesses supported by a National Victims Advisory Panel

  • More measures for vulnerable and intimidated witnesses including pre-recorded video evidence and screens around the witness box

  • Volunteers to accompany victims when giving statements

  • Extend support to victims of road traffic incidents and their families

  • Measures to improve preparation of cases against defendants, including closer working between the police and CPS

  • Force defence lawyers to reveal their case in advance, as the prosecution is already required to do


 Sentencing

  • A new graded framework to tailor sentences to the offender and the offence

  • Creating "intermittent" jail terms where offenders are only locked up overnight or at weekends, allowing the offender to continue working and maintain family ties

  • Developing "custody plus" schemes where offenders serve a short prison sentence - between 14 days and three months - followed by a community work of at least six months

  • The power to lock up dangerous, sexual or violent offenders indefinitely, even if they do not have a life sentence

  • Releasing young offenders locked up for serious offences at halfway point of the sentence and supervised until the end of sentence


 Punishment and rehabillitation

  • Greater flexibility to probation officers to drug test offenders on release from custody

  • Pilot the "Going Straight" contract, a new rehabilitation programme for 18-20 year olds including reparation to victims and incentives to participate

  • Review reception and release procedures for all prisoners to ensure departing prisoners have the appropriate help to resettle

  • Modernise prisons to increase capacity, build new "multi-functional community prisons", close unfit prisons

  • Shut down or contract out prisons which do not meet tough new standards


 Public Involvement

  • Improve communication between criminal justice agencies and the public

  • Continue to implement the findings of the Stephen Lawrence Inquiry in order to reduce racism in the system

  • Clampdown on middle-class professionals who try to avoid jury service for work reasons

  • Make sure juries reflect all sections of society and are better supported

  • Raise the profile of magistrates and encourage more people to apply from as wide a cross-section of the community as possible

  • Increase restorative justice schemes, where criminals are made to face their victims


 Fighting and reducing crime

  • Extend the range of restraining orders

  • Provide anonymity for victims of domestic violence

  • Improve liaison between the civil and criminal courts and the family and criminal courts

  • More help for drug-addicted offenders

  • Extend drug testing provisions to the under 18s


 Other changes

  • £600m investment in information technology

  • Set up 42 local Criminal Justice Boards reporting to a new national Criminal Justice Board

  • Streamline court service management into one body

  • Establish a new independent courts inspectorate with jurisdiction over the administration of crown courts