Chapter 11

The Legal Departments

The Government is committed to delivering better justice by:

improving the service provided by courts in England, Wales and Northern Ireland by installing modern IT systems and improving facilities. Information will be more readily available at courts and steps will be taken to ensure that civil judgements will be more enforceable;
continuing to improve the effectiveness of the Criminal Justice System by reducing delays in the processing of cases through more integrated information exchange, better management of cases, and electronic handling of evidence;
increasing the satisfaction of the users of the justice system, including that of jurors, victims and witnesses involved in the Criminal Justice System;
increasing the number of people who are able to obtain legal assistance in priority areas of law in England and Wales; and
taking steps to control the cost of Legal Aid in Northern Ireland, and ensuring that it is targeted on those who need public provision the most.

11.1 The Lord Chancellor's Department's (LCD) strategic objectives are to:

provide a fair, swift and effective system of justice;
improve people's knowledge and understanding of their rights and responsibilities;
improve the availability of affordable and good quality legal services;
make civil and family law clearer and more easily enforceable;
improve the lives of children and help build and sustain strong families; and
uphold the independence of the judiciary.

11.2 The Government has made real progress on delivering these objectives since the 1998 Comprehensive Spending Review. LCD introduced a number of reforms recommended by Lord Woolf in July 1996 in his report on access to civil justice. These include streamlining civil court case handling to improve the efficiency with which cases are heard. In addition, LCD has launched the Community Legal Service which provides civil and family legal help and representation through quality-assured suppliers. As part of the 1998 Comprehensive Spending Review, the Government undertook a review of the performance and management of the Criminal Justice System (CJS) as a whole. One outcome of this process was the Government pledge to halve the time taken to deal with persistent young offenders from 142 to 71 days by March 2002. As a result of more effective inter-agency working in the CJS, the average time taken had fallen to 96 days in the first quarter of this year. Over the next three years, the Government will achieve its target of 71 days and will then maintain that level thereafter.

Investing in the more effective delivery of justice

Box 11.1: Key PSA targets - The Legal Departments

Secure a minimum 5 percentage point improvement in the level of satisfaction of users of the justice system by 2004, including that of victims and witnesses, with their treatment in the CJS.
Improve the level of public confidence in the CJS by 2004 including that of ethnic minority communities.
Reduce by 2004 the time from arrest to sentence or other disposal by:
- reducing the time for all defendants, with a target to be specified by March 2001;
- dealing with 80 per cent of youth court cases within their time targets; and
- halving from 142 to 71 days by 2002 the time taken from arrest to sentence for persistent young offenders, maintaining that level thereafter.
Increase the number of people who receive a suitable level of assistance in priority areas of law involving fundamental rights or social exclusion by 5 per cent by 2004 and secure year on year increases of at least 5 per cent in the number of international legal disputes resolved in the UK.

Improving court services in England and Wales

11.3 The Government will improve the service provided by the courts: the magistrates' courts, the civil courts and the Crown Court. As a result of these spending plans, LCD will develop and install a major programme of integrated IT systems to reduce waiting times and improve the level of information provided at court sites. This will also ensure that the courts play a full part in the commitment of the CJS as a whole to reduce the time taken between arrest and sentence or other disposal for defendants.

11.4 A programme of refurbishment and maintenance of the court estate will deal with the problems caused by a long term deterioration in the condition of courts in England and Wales and provide proper access for disabled people. This will require a fresh look to be taken at the way in which the court estate is used to improve efficiency and to direct investment where it is most needed. The result will be better equipped courts, providing improved services to the public.

Extending Legal Aid Reforms

11.5 The Government will continue to improve value for money in Legal Aid spending by focusing the work of the Community Legal Service on those with priority need and encouraging the use of the most appropriate source of advice in each case. These reforms will be extended to Criminal Legal Aid through the launch of the Criminal Defence Service (CDS).

A better service for children and families in the courts

11.6 The new Children and Family Court Advisory and Support Service (CAFCASS) will become operational on 1 April 2001. Through money provided in the Spending Review, the Government is ensuring that CAFCASS is equipped to play an important part in improving the lives of vulnerable children and involving children in making and communicating decisions affecting them in the courts.

Modernising the Crown Prosecution Service

11.7 The Government will spend an additional average of 5.4 per cent a year in real terms over the next three years modernising the Crown Prosecution Service. IT investment will improve the integration of the service with other parts of the CJS, allowing it to play its full part in improving CJS performance. In particular, the modernisation programme will facilitate improved communication within the CJS and ensure that there is more effective and timely case handling and management throughout the system.

11.8 One of the key priorities for strengthening the performance of the CJS is to improve communication with victims and witnesses once their case has begun. The Crown Prosecution Service will take responsibility for communicating prosecution decisions directly to victims and witnesses, to help improve confidence in the system and encourage greater involvement in the criminal justice process.

Increasing access to public records

11.9 The Public Record Office (PRO) is already at the forefront of the electronic delivery of services to the public. These spending plans provide additional funding over the next three years to enable individuals and schools to access all the nation's records on-line.

Investment in the Northern Ireland Court Service

11.10 The service that the courts in Northern Ireland provide will play a key role in the improvements to civil and criminal justice over the coming years. The Northern Ireland Court Service (NICS) will improve its service through the construction of a purpose built unified courts building and the improvement of IT in the courts. This will allow for the provision of modern, efficient, swift and accessible court services. NICS will also take steps to reform the administration of Legal Aid in Northern Ireland to ensure that there is effective control over the Legal Aid bill, so that value for money is obtained and public money is targeted on those who need it.

Spending plans

11.11 The Lord Chancellor is responsible for the Lord Chancellor's Department, the Northern Ireland Court Service, the Public Record Office and HM Land Registry. The Attorney General is responsible for the three Law Officers' Departments: the Crown Prosecution Service, the Serious Fraud Office and the Treasury Solicitor's Department.

Table 11.1: Key Figures

£ million
	2000-01	2001-02	2002-03	2003-04
Legal Aid	1672	1627	1632	1639
Lord Chancellor's Departments (Other)	963	1092	1140	1143
Total Lord Chancellor's Departments*	2635	2719	2772	2782
of which: Resource Budget	2557	2653	2699	2709
Capital Budget	78	66	73	73
Total Law Officers' Departments*	352	422	432	444
of which: Resource Budget	339	408	426	439
Capital Budget	13	14	6	5