Court cases dealt in secret due to pandemic backlog

Due to the pandemic, a record high of 60% of magistrates' court cases are being dealt with in secret behind closed doors.

Cases like speeding, common assault, and TV licenses are being dealt with in secret, equivalent to 40,000 a week. The cases are dealt with by a single magistrate without the defendant appearing in court or having any legal representation.

Defendants are being sent a charge notice with a 21-day required response with their plea of guilty or not guilty. The defendants that respond with not guilty, have a traditional open court, however those who admit guilt are sentenced by a single magistrate behind closed doors.

Conservative chairman of the Commons justice committee, Sir Bob Neill has asked ministers to "consider how the process could be made more open and accessible to the media and the public" and to "ensure justice is seen to be delivered".

The Ministry of Justice released figures showing how in the third quarter of last year, 60.5% of a total of 290,000 cases were 'single magistrate' justice procedures. It has been highlighted as the biggest on record since the courts shut during the pandemic. In light of the record high number of cases dealt in secret, magistrates say it is "an accessible, proportionate, effective and more efficient way of handling less serious cases".

In 2020, the Attorney General, Suella Braverman, raised concerns about the procedure. She highlighted that these cases were at risk of errors and injustices and are better suited to open courts. The Police, Justice Chiefs, and CPS (Crown Prosecution Service) persuaded her to keep courts closed to avoid increasing the backlog during the pandemic.

Various charities have recently spoken up, commenting on how the government has focused on saving money rather than offering fair justice to clear cases quickly. Justice ministers have since admitted that at least 10% of these cases 'may' have contained errors, however most charities believe the percentage is actually double.

The charity Appeal has reported alarming figures from the government, stating how 71% of defendants did not respond to a charge notice and were therefore "convicted and fined for offences in their absence." Campaigners say the prosecutors legal duty is only to prove the charge notice was sent, not received, leaving vulnerable recipients being wrongly convicted and fined.

Penelope Gibbs, founder of charity Transform Justice and ex magistrate, said: "The Government is hidebound on using it as much as possible, it is much cheaper if you don't have an open court hearing".

Ms Brimelow said: "Criminal justice should not be carried out behind closed doors. If a magistrate doesn't spot an issue that is wrong or unlawful, someone can enter a guilty plea and be wrongly convicted and fined".

Whitestone Solicitors

Rochdale