Source · Select Committees · Justice Committee
Recommendation 3
3
Deferred
Paragraph: 25
Conduct rapid review into Crown Court case entry numbers and remand population impact
Recommendation
We recognise that the pandemic led to delays in court hearings which have contributed to a growing remand population. However, it is important to stress that the remand population has been growing despite a decrease in the number of cases entering the Crown Court, and we are concerned that the impact of higher police numbers and a return to pre-pandemic case levels may lead to further increases in the remand population. In view of the risk of case levels increasing, we recommend that the Government conducts a rapid review to understand why the number of cases entering the Crown Court remains depressed, what the risks are of the number of cases increasing again, and to model the effect of changes in the number of cases entering the system on the remand population.
Government Response Summary
The government rejected the recommendation for a rapid review into Crown Court case levels and remand population, stating it is not appropriate for them to mandate or direct judicial training as the judiciary is independent and responsible for its own training.
Paragraph Reference:
25
Government Response
Deferred
HM Government
Deferred
We reject this recommendation. As the judiciary of England and Wales is independent of Government, it is not appropriate for the Government to mandate or direct what training should be provided to magistrates. The Government is therefore unable to accept any decisions on recommendations reserved for the judiciary. The Lord Chief Justice, the Senior President of Tribunals, and the Chief Coroner have statutory responsibility for training of the judiciary, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. Training responsibilities are exercised through the Judicial College. The College regularly reviews its training and considers what new areas should be included. Magistrates, and the legal advisers who support them, must complete induction training before they can sit. Current induction training for magistrates and legal advisers covers remand provisions; including decision-making, application of knowledge and identification of sentencing options available based upon specific facts. Advice on the law, practice and procedure is available for all magistrates from their legal adviser. This is supported by a mix of resources and continuation training which also covers remand. Magistrates have access in training and in court to the Adult Court Bench Book which contains detailed information on the powers and procedures relating to remand in custody and on bail. All judicial office holders, including magistrates, have access to the Equal Treatment Bench Book which is a source of guidance on the wide range of practical matters that may arise in remand considerations and other hearings. Alongside formal training provided through the Judicial College, the MoJ engages the judiciary in an effort to raise awareness amongst judges and magistrates on the capabilities and usefulness of electronically monitored bail as part of our court outreach programme of work (see the response to recommendation 18 and 20).