Former UK Attorney General Dominic Grieve, who served during the 2011 riots, has expressed concerns that recent far-right violence in the country should prompt a serious reassessment of the current state of the justice system.
He commended the swift actions taken by the authorities in response to the recent unrest, drawing parallels to the efficient handling of cases during the 2011 riots. Grieve noted that over 480 individuals have been arrested in connection with the recent violence, with 150 already appearing in court and facing severe penalties.
However, Grieve cautioned that while these rapid responses are commendable, they are not sufficient to prevent future unrest. He emphasised that the justice system’s broader, long-standing issues, particularly the significant court delays, must be addressed to maintain public order.
Speaking to The Independent, he stated, “The justice system in this country is not functioning properly. While it can rise to the occasion in certain circumstances, the general delay in bringing individuals to justice is far too long.”
Grieve attributed these delays to chronic underfunding, which has undermined the justice system’s ability to function efficiently.
He acknowledged that this issue predated the Conservative government, which took office in 2010, but pointed out that the situation has not improved under their tenure. He expressed concern that the prolonged delays in handling criminal cases are eroding public confidence in the justice system and the rule of law.
Grieve warned that this could potentially contribute to the unrest seen on the streets, suggesting that the recent violence serves as a wake-up call for the country.
The extent of these delays is evident in recent data showing a dramatic increase in the number of crown court cases unresolved for over two years.
An analysis by The Independent revealed that such cases have increased tenfold in the past four years, from 555 in December 2019 to 6,523 in December of the following year.
Furthermore, the average time taken for a case to conclude in the crown courts has risen significantly, from 486 days at the end of 2019 to 683 days by the end of last year, though this figure had slightly decreased from a peak of 703 days six months earlier.
These delays have been exacerbated by funding cuts, which had already weakened the court system’s resilience even before the additional strains brought by the Covid-19 pandemic and recent barristers’ strikes. The backlog of cases in the crown courts reached a record 68,125 by April, marking an increase of more than 8,000 cases within just a year.
Grieve warned that if justice is not routinely and promptly delivered, public trust in democracy and the rule of law could be severely damaged. He suggested that this lack of confidence might be contributing to the recent outbreaks of violence, underscoring the urgent need for reform. He described the justice system as being “in a state of almost collapse.”
Tyrone Steele, Deputy Legal Director at the campaigning organisation Justice, echoed Grieve’s concerns. He stressed the importance of a functioning justice system for community safety and victim support.
Steele argued that over a decade of underfunding has left the courts struggling, with essential services such as housing, mental health, and prison rehabilitation also severely impacted. He highlighted the closure of over half of the country’s courts since 2010 and the demoralisation of underpaid legal aid professionals as significant issues.
To address these problems, Steele called for substantial investment in the courts and legal aid, along with comprehensive reforms aimed at crime prevention, including efforts to tackle poverty, inadequate housing, and mental health and addiction issues.
The Ministry of Justice has acknowledged the challenges and stated that it is working to accelerate the court process. Measures include maximising court sitting days and investing in “Nightingale courtrooms” to increase capacity.
The newly elected Labour government has also committed to reducing the backlog. Justice Secretary Shabana Mahmood recently criticised the delays as a consequence of “14 years of Tory chaos” and vowed to address the issue, stating that “justice delayed has become justice denied.”
Main Image: By Attorney General’s Office – Page – Image, OGL v1.0, https://commons.wikimedia.org/w/index.php?curid=15005906
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