Almost two-thirds of magistrates court cases are now dealt with behind-closed-doors, it has been revealed, as the Lord Chancellor promised reform of an under-fire courts process.
An Evening Standard investigation has exposed a litany of shocking cases of pensioners, sick and vulnerable people being convicted in harsh circumstances in the Single Justice Procedure.
The process, which allows magistrates to convict and sentence defendants in closed-door courts, has steadily grown in use since its introduction in 2015, and it now handles almost 800,000 criminal cases a year – 62 per cent of the total work done by magistrates.
Low-level crimes such as failing to pay the TV Licence, speeding and train fare dodging are all handled by SJP magistrates, while tens of thousands of Covid lockdown breaches were dealt with by the system in the last three years.
A single magistrates is permitted to dish out convictions and fines in hearings that can last less than a minute, based on written evidence only. In the latest innovation, oversight from legally training court staff has been reduced.
The government is now under mounting pressure to change the SJP system, which lacks transparency and is delivering injustices on a daily basis.
The Magistrates Association announced on Monday that its members do not think the system is working properly, they say they sometimes feel rushed into decisions, and need better training.
In Parliament on Tuesday, Lord Chancellor Alex Chalk insisted that “fairness is non-negotiable” and indicated he is now willing to look at reform.
Warrington South MP Andy Carter, who sits as a magistrate on the Merseyside Bench, highlighted the Standard’s reporting on SJP in the Commons, and said: “The principle behind the single justice procedure is good. I’ve sat on cases myself in SJP courts, but there are some concerns, particularly around vulnerable individuals who may have mitigation that is not necessarily being addressed.
“Does he agree with me that perhaps he can remind members on the bench that magistrates can already use their discretion to refer cases back to open court where prosecutors can review cases to ensure that individuals who are vulnerable are not served with injustice?”
Mr Chalk replied: “On the single justice procedure, fairness is non-negotiable so it is absolutely critical that every person who comes before the court - whether it’s via the SJP or open court - gets that fairness.
“I do think there is an issue about transparency, I think some important points have been raised and echoed by the chair of the Justice Select Committee (Conservative MP Sir Bob Neill).
“I think that’s something we ought to look at recalibrating.
“Everyone accepts the SJP procedure works well and is a useful addition, we just need to see whether it ought to be refined in the interests of promoting transparency.”
The Magistrates Association has issued a 12-point plan for change, including an insistence that journalists should be able to sit in on SJP hearings and written reasons for decisions should be published in some cases.
The Society of Editors backed the calls for greater transparency, insisting openness is the only way to restore faith in the justice system.
Ministry of Justice data shows that between January and September last year, more than 17,000 people were prosecuted through the Single Justice Procedure over the truancy of their child.
In 81 per cent of those cases, the defendant did not enter a plea at all before their case was dealt with by a magistrate. There are now calls for greater efforts to encourage defendants to engage with the courts.
The MoJ has now promised to respond to the Magistrates Association manifesto for change.
