Source · Select Committees · Justice Committee
Recommendation 22
22
Deferred
Improve listing transparency by establishing specialist rape courts and providing Section 28 guidance.
Recommendation
There is more that can be done to make listing more transparent and effective, for example by distinguishing between listing decisions based on court capacity and those based on case progression. The development of local justice scorecards will help to identify where delays are particularly acute. In terms of effectiveness, national level guidance on listing certain types of cases, such as that produced by the Lord Chief Justice on remote attendance, would be valuable. The Government should make a contribution to improving listing through policy initiatives, such as the establishment of specialist rape courts and guidance on the use of section 28 evidence. (Paragraph 74) The magistrates’ courts: video hearings
Government response summary AI-generated
The government's response outlined ongoing civil court reform projects, including the delivery of a reformed service for civil money claims by March 2023, deflecting from the recommendation on improving listing transparency, national guidance, and specialist courts.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Deferred
HM Government · verbatim extract
Deferred
Listing The allocation and listing of individual cases is a judicial responsibility. This long- standing, constitutional principle was reflected in the 2004 Concordat setting out the respective responsibilities of the Lord Chancellor and the Lord Chief Justice, which states that ‘judges are responsible for deciding on the assignment of cases to particular courts and the listing of those cases before particular judges, working with [HMCTS]’. The government does, though, continue to support the judiciary in efforts to improve the effectiveness of listing practice. Examples include the Lord Chief Justice’s guidance on remote attendance, and the work of the Crown Court Improvement Group – under the leadership of the senior judiciary – that focuses on reducing the number of ineffective trials. HMCTS also works to make sure that court listing officers are provided with up-to- date training and guidance, and that good practice is shared. Policy initiatives Where government policy initiatives may have implications for listing or case management, the government will discuss outline proposals with the senior judiciary to understand potential operational implications. This engagement is in keeping with the spirit of the partnership arrangements in place for the running of the courts (as captured in the HMCTS Framework Document). For example, Ministry of Justice officials are working closely with the judiciary, police and the Crown Prosecution Service to make pre-recorded cross-examination (known as section 28) available for sexual and modern slavery complainants in all Crown Courts as soon as practicable. The Lord Chief Justice then took account of this work when preparing a revised practice direction, issued in March 2022, governing the use of section 28, including the listing of such cases. Work is currently under way with the senior judiciary to develop proposals for setting up enhanced court provision for victims of sexual violence. Further detail will be available in due course. The Criminal Courts—The magistrates’ courts: video hearings
Read the full response on Parliament ↗