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Home Office - Building a safe, just and tolerant society

Published: February 1997

REVIEW OF DELAY IN THE CRIMINAL JUSTICE SYSTEM: A Report

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Note by the Reviewer

I began this review on October 15, with a brief "to identify ways of expediting the progress of cases through the criminal justice system from initiation to resolution, consistently with the interests of justice and securing value for money." I have carried it out by taking views from a wide cross-section of those who work in the criminal justice system, including Judges, Chief Constables, Crown Prosecutors, magistrates' courts staff, magistrates including stipendiary magistrates, prison governors, Chief Probation Officers, defence solicitors and barristers, and staff from the Court Service. I have interviewed more than sixty individuals as well as spending time in court, at police stations and in CPS offices talking to more junior staff. I could not have asked for more co-operation. The overwhelming majority of those I spoke to were enthusiastic about the review and anxious to offer creative ideas for tackling delay.

A small minority of people suggested to me that justice should not be managed; that somehow management and justice are incompatible. Others asserted that delay cannot be tackled without resorting to constitutional change, including a Ministry of Justice. I disagree. The criminal justice process is a complex one involving different agencies at different stages. But almost everyone I talked to agreed that it can still be managed, and management of the process is very much the theme of this report. Managing each stage of the process can help bring offenders to justice and acquit the innocent much more promptly.

Home Office, February 1997 


CONTENTS

Chapter

1 Summary of main proposals

2 The growing problem of delay

3 Managing the decision to prosecute

4 Managing legal representation and legal aid

5 Managing cases in magistrates' courts

6 Managing the distribution of cases between the courts

7 Managing pre-trial preparation at the Crown Court

8 Managing the Youth Court

9 Cost implications

Annex

A List of recommendations

B Terms of reference

C Review team; steering group; cost of review

D List of organisations contacted

E List of tables and charts

 

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