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New developments in criminal justice: The approach to summary justice both in and out of court

Speech by Lord Justice Leveson, Senior Presiding Judge

12/12/2007

 

Lord Justice Leveson looks at measures aimed at simplifying and speeding up summary justice within and outside magistrates’ courts. He considers the positive early results of CJSSS (Crimminal Justice: simple, speedy and summary).

“Every way we can, we should be looking to try our best to make our response to everything we deal with proportionate. The prize is obtaining the maximum benefit out of the resources available for the criminal justice system and, at a time of increasing financial stringency, it is a prize worth seeking."

He expresses concerns about some aspects of diversion from courts, through the use of Penalty Notices for Disorder and Conditional Cautioning.

“I do not believe that I am alone in expressing concern about these powers. It is not a question of not trusting the police or the CPS (Crown Prosecution Service), or challenging the will of parliament. It goes back to the origins of our system of summary justice, carried out in public by members of the public, appointed as magistrates, whose decisions can be scrutinised by the public, can be the subject of public debate and, if appropriate, appeal to the court in public.”

 

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