When the Single Justice Procedure (SJP) was first introduced in 2015, nobody could have foreseen how vital it would become just a few years later, supporting the justice system as it dealt with the impacts of the coronavirus (COVID-19) pandemic.
In March 2020, when much of the country was forced into necessary lockdown measures and many other services were temporarily paused because of COVID-19, the SJP continued to operate with minimal impact on delivery.
And when emergency legislation was introduced to create new offences in relation to breaching coronavirus regulations, we quickly adapted our systems to handle these cases when they started to arrive in the courts system from late spring 2020.
The Single Justice Procedure and remote working
The SJP, which was enacted through Parliamentary legislation and is applied by HMCTS, was set up to deal with simple, low-level, non-imprisonable cases delivered by the magistrates’ court. It is always the decision of the prosecutor, rather than HMCTS, to initiate proceedings in this way. Most of these cases result in a financial penalty, such as speeding, fare evasion on public transport and using a television without a licence - which can account for around 850,000 cases every year.
A case dealt with under SJP is decided in the same way as any other case in a magistrates’ court, except that it’s dealt with by a legal adviser sitting with a single magistrate out of court (rather than the usual bench of three). This reduces the amount of paper and forms required and minimises delay. It also frees up court time for those cases that can only be heard by a full bench, or in person.
However, the same legal tests are used as with any other case, and any defendant can ask for a court hearing if they wish. So, if a defendant decides that they want to ask for a trial, we move the case out of SJP to a conventional hearing. Equally, if a magistrate considers that a case started via the SJP should be heard in a physical court, then they may direct this as a judicial decision.
The technology that facilitates SJP, and the resilience of this, means we can deal with SJP work just as effectively while working remotely during the pandemic, without resulting in reduced performance. It has been crucial in maintaining access to justice, and also playing a role in reducing footfall in the magistrates’ court to keep people in our buildings safe.
New COVID-19 regulations
The arrival of the virus brought significant changes to the policing landscape, as a raft of new COVID-19 offences and regulations were introduced to help the police to support the public health response. These new regulations enabled the single justice service, of which SJP forms part, to step up and prove how flexible it could be in dealing with unpredicted circumstances, supporting its justice partners, and playing its role in keeping the justice system open.
In April 2020, HMCTS began to work with its partners in the police force, ACRO Criminal Records Office, Ministries of Justice and Defence, and the British Transport Police to consider a process for dealing with the new regulations using SJP.
The team at HMCTS revised the existing single justice procedure notice, adapting it for COVID-19 regulations and amended the internal tools to accommodate the new requirements, for both England and Wales. With various support mechanisms in place, such as working with local courts to deal with the new cases and training staff in a nominated Court and Tribunal Service Centre to deal with enquiries, HMCTS was able to start dealing with breaches of COVID regulations in July 2020.
The cases dealt with include breaches of face covering regulations, business premises unlawfully staying open or hospitality venues not sticking to table service rules, as well as hosting large gatherings.
Reflecting on the impact
Recovery plans for the wider justice system include reducing footfall in courts to ensure everyone’s safety. Mike Logan, HMCTS Service Manager for the Single Justice Service, commented on the contribution the service has made over the last few months:
We’re delighted to have been able to adapt our service to ease the burden on our justice partners and HMCTS colleagues.
Dealing with these breaches of COVID-19 regulations using the single justice procedure efficiently has meant that fewer people need to attend our magistrates’ courts and hearings can focus on the priority cases which we need to keep people safe and protect the vulnerable.
Temporary Assistant Chief Constable Stuart Murray, NPCC lead for criminal justice recovery and COVID-19 enforcement, added:
Collaborative working with HMCTS, Crown Prosecution Service and partner agencies has had a real impact on policing in challenging circumstances, as we responded to a rapidly-evolving situation and unprecedented measures to keep people safe during the pandemic.
Being able to use the single justice procedure to deal with breaches of the new regulations has meant that those COVID-19 breaches are enforced efficiently and swiftly, whilst enabling criminal courts to prioritise high risk of harm cases.
Maintaining open justice
We have also improved transparency in relation to SJP cases by providing pending lists online so the public can see what cases are being dealt with. Additionally, the media are sent more detailed lists of pending SJP cases and the results of these cases are also provided to them should they wish to report on them.
The media are also able to make requests, via the Court and Tribunal Service Centre, for copies of documents relating to any SJP cases as well.
The future of the single justice service
Work is now focused on completing the rollout of Common Platform, our new digital case management system, for Single Justice Procedure cases. We are already using Common Platform to handle SJP cases from Transport for London, TV Licensing and the Driver and Vehicle Licensing Agency. During 2021 and alongside the rollout of Common Platform for other criminal cases, we will roll out the use of Common Platform for police SJP cases, as well as non-police prosecutors including local authorities and transport companies.
Ultimately hearings will be more efficient, the administrative burden in preparing cases will reduce and magistrates (or legal advisers working under delegated powers) will be able to decide more cases or refer then for a hearing in court.
With the lessons learnt from adapting the service to COVID-19 requirements and its proven ability to scale up reactively, at short notice, the future is positive.
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