Wasteful Criminal Justice System

The Law Society Report from October 2011 has suggested there needs to be vastly improved communication between the Prosecution and Defence to improve a wasteful criminal justice system.

The main problem identified was the need for the Prosecution to provide full information to the Defence in a timely manner so that hearings are effective and the Defence can make informed decisions and have instructions from their client.

Other suggestions have included:

• Simplifying Trial Preparation Forms
• Allowing Legal Aid Applications to be made electronically
• Using shared computer servers between Prosecution and Defence Solicitors to view evidence.

Problems With The Current System

This suggestion is already in hand with a system being piloted by the CPS and Court at Trafford. Unfortunately one of the main problems is the computer systems of the Prosecution and various Defence Solicitors not being compatible, the result being that crowds of Defence Solicitors wait around a Prosecution computer screen at Court to get information about the case.

Unfortunately this doesn’t allow for papers to be printed off and the Defence Solicitor then has to remember the case in order to set out the details to the client. Thereafter if the client asks any questions, which need to be clarified, then the Defence Solicitor needs to wait again to see the screen.

In our view it is possibly the least efficient system that could have been conceived. Just having the documentation printed off and available first thing in the morning or even possibly the day before would be far more beneficial.

What Needs To Be Done?

Our suggestion would be that having Prosecution Lawyers responsible for cases so that they can answer questions on those matters would be most helpful and if that Lawyer was then actually willing to respond to letters on the case from the Defence then substantially more progress might be made.

The continual review and investigation into how systems and departments might be improved seems to conclude that improved technology and computer systems will do the trick. Whilst we do not disagree that this may help, the fundamental availability of people with knowledge to do the job is the first and main requirement, computers and technology are merely a tool, which can on occasions speed the process, but they are not a universal panacea.