My hon. Friend, who represents a very rural constituency, makes an interesting point that leads on to the suggestion that I want to make. I wonder whether there is a role for the magistracy outside the formal setting of the courts in respect of less controversial offences, so that we can retain the presence of magistrates in communities. As we move towards the use of justice hubs and as traditional courts are closed, we should consider that.
A similar proposal was made last week in an interesting paper, “Future Courts”, by the Policy Exchange think-tank. The paper picked up on proposals that were made in a Government paper that was published in 2012, “Swift and Sure Justice”, for which I had responsibility. We were very drawn to the way in which the criminal justice system had operated rapidly to deal with the offences that were committed during the riots of the previous year, and we started to question whether a leaner and more efficient justice system could be developed. I urge the Government to consider the potential of involving magistrates in a programme of neighbourhood justice. That would ensure that they are retained in their local communities.
Neighbourhood justice panels are an interesting development in the area of restorative justice. Many Members from all parts of the House believe that they have great potential in dealing with low-level offending. Only last month, the Lord Chief Justice expressed the view that magistrates should play a formal role in neighbourhood justice panels and that they should not be a separate tier of justice.
The magistracy is an institution that has been with us for six and a half centuries, and as the late Lord Bingham said, it is a “democratic jewel beyond price”. If we are moving towards greater use of technology, the potential for justice to be delivered remotely, and individuals not having to be in a formal court setting, we have the opportunity to ensure that justice can be delivered locally, without having to be delivered administratively. We can still have confidence that somebody appointed from the community who exercises a judicial—not
administrative—function, is dealing with offenders. That is a potential way to rebuild the magistracy and tackle the growth of administrative justice and the excessive use of out-of-court disposals, and a powerful way to rekindle the notion of neighbourhood justice. I hope that the Government, who welcomed the Policy Exchange report as an interesting contribution, will take that on board.
In conclusion, as with so many other areas of public policy, the urge to centralise and rationalise into ever bigger units is great when it comes to delivering greater value for money. We see that in policing with those who urge us to create regional police forces, in health care with those who urge us to create ever greater units with larger hospitals and so on, and we face such pressures across our public services. Such rationalisations need not be a bad thing if innovative ways are found to deliver services at local level, and technology is an enabler of that. What undermines confidence in the process, however, is when a salami-slicing approach results merely in services being centralised for cost reasons, without any rethinking or redesigning of how they can be delivered at local level. Let us enable that innovation, localise, have confidence in the new democratic institutions we have created at local level that can hold the criminal justice system to account, and—above all—let us value the lay magistracy as an institution that has served this country so well over a long time.
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