Talks are underway inside government over policy changes to the controversial Single Justice Procedure, after a bombshell investigation revealed wrongful prosecutions and defendants being convicted after they had died.
The Standard has spent years investigating the reality of the fast-track courts which deal hundreds of thousands of minor crimes each year across England and Wales.
Prosecutions brought against dementia patients over unpaid car bills have been uncovered, as well as TV Licensing prosecutions against cancer sufferers and people with learning difficulties or severe mental health issues.
On Wednesday, a joint Evening Standard/ITV News investigation spoke to a grieving mother who was prosecuted over a single day when he car insurance lapsed, just as she was preparing for the funeral of her three-month-old daughter.
Former Lord Chief Justice Lord Thomas joined calls from the Magistrates Association for urgent reform of the Single Justice Procedure, saying it is “overdue” and it is “disappointing” action has not already been taken.
Talks are underway at the heart of government over fixing the process, with multiple departments considering possible solutions, The Standard can reveal.
New Courts Minister Heidi Alexander was briefed by officials on the SJP system after taking office in Sir Keir Starmer’s government in July.
The government has refused to publicly release the briefing, saying that could cause harm “when the policy is in development”.
“There is currently ongoing policy development with policy options being explored by Ministry of Justice officials in relation to aspects of the SJP which disclosure would have an impact on”, it added.
“We consider that it may not be in the general public interest to release information at this time on a government policy that is still being developed and requires engagement with other departments.”
The MoJ was tight-lipped on Wednesday over the plans, refusing to say what options are being considered or the possible timescale for reform.
Lord Thomas told the Standard/ITV News investigation he believes reform would be “easy” for the MoJ to achieve, suggesting a review of the system, a new step to ensure prosecutors look at mitigation letters, and improved information for defendants.
Convictions handed out through the Single Justice Procedure this month include one against a 58-year-old man from Birmingham who lost his wife to cancer and then was diagnosed himself with cancer.
“I’ve been in and out of hospital too many times to remember, nearly losing my life with sepsis three times”, he wrote to the court, explaining an accidental lapse in his car insurance.
“As you can imagine, there were times I didn’t know what day it was.”
He added that his mental health has suffered, he is now registered disabled, and is living off benefits.
He was convicted of not having insurance and given a conditional discharge, and must also pay £50 in costs and fees as a result of the case going to court.
Another man told the fast-track courts he had suffered a brain haemorrhage when his car insurance lapsed, when he was not driving the vehicle and battling memory problems.
The resident of Camberley in Surrey received a criminal conviction, and his letter to the court was not seen by the DVLA.
The Magistrates Association published a 12-point reform plan in March, and says it has received only a “muted” response from government.
Publicly, the MoJ said it is “reviewing what more can be done to support vulnerable defendants, as well as how to improve oversight and regulation”.
