Frances Gibb, Legal Editor
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A disciplinary inquiry was under way last night after a report found that thousands of convicted offenders had not been listed on the Police National Computer because of a catalogue of court errors, while hundreds of other suspects had escaped trial.
Jack Straw, the Justice Secretary, announced that an investigation would take place into the “lamentable” failings at Leeds Magistrates’ Court, possibly leading to criminal charges against court staff involved.
Up to 555 defendants who had their warrants to appear in court withdrawn may now be recalled over the 1,709 charges that they faced. Most were for motoring or other minor matters, but 115 were for serious offences that should be recorded on the Police National Computer.
Yesterday’s report by four independent criminal justice inspectorates also found that Leeds Magistrates’ Court had failed to record the outcome of cases concerning 2,206 defendants in respect of 3,260 offences, of which 1,568 were serious.
At worst, 1,200 defendants have not had the outcomes of the 1,568 most serious offences, including grievous bodily harm, wounding with intent and possession of a firearm, recorded on the computer. The report calls for an inquiry into whether checks run through the Criminal Records Bureau have been compromised.
Nick Herbert, Conservative Shadow Justice Secretary, said the “catalogue of negligence and poor record keeping” had undermined the justice system in West Yorkshire and let down victims of crime.
He added: “The systemic nature of the errors, widespread managerial failings and length of time over which they occurred raises the question of whether these failings might be occurring in other courts.” The report, by the inspectorates of Court Administration, the Crown Prosecution Service, the Constabulary and the Probation Service, shows a pattern of “historic failure” dating back to 1980, although most incidents occurred between 2001 and 2004.
Mr Straw said he accepted the findings entirely and insisted that the Government was acting on them. A separate report was being sent to the Lord Chief Justice, he said.
Disciplinary action has already begun against the court staff involved. Two managers have been found guilty of gross misconduct on the basis of “neglecting official duties and failing to ensure accurate records were maintained”.
Grahame Stowe, a solicitor in Leeds for 35 years, said that the blunders resulted from a “national obsession” with statistics.
“The general ethos of modern justice is ‘the cheaper the better’ – with little regard for standards,” he said.
“The clerks, by processing cases themselves, ensured the number of cases ‘awaiting decision’ remained low – and they met government targets.
“Whilst it may appear an administrative trick, serious offenders have gone completely unpunished as a result.”
Off the record
The failings led to:
— Court results not being recorded and possibly being lost for good
— Removal of numerous cases where the outcomes had not been recorded from computer system
— Fabrication of results, with legal advisers “guessing the result of the case where the true court adjudication could not be traced”, and entering them as convictions
— In 2007 588 cases for which results could not be traced were ordered to be marked as “untraceable”. All but three were then entered as “convicted”
— Some results have now been traced but there are still 523 cases for which results cannot be found
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Nick Herbert is right to raise the question as to whether similar failures occur elsewhere. Errors and general maladministration are indeed not restricted to either Leeds Magistratesâ Court or criminal proceedings, but appear to be widespread throughout the judicial process in England. The current prevailing attitude by court services and judges alike appears to be to ignore maladministration, rather than correct errors and learn from mistakes.
Brushing evidence of such mistakes under the carpet can only lead to further confusion and unnecessary complexity in case handling. Great store is set by the production of guidelines such as the Civil Procedure Rules (CPR) and the Solicitorsâ Code of Practice, but without rigorous enforcement and appropriate checks and balances these are little more than meaningless, aspirational documents. Abuses of process will continue until such time as the courts take responsibility and enforce due process and best practice guidelines.
The current complaints procedure is ineffective and not fit for purpose. Rather than assuming responsibility when maladministration is discovered, the knee-jerk, âitâs nothing to do with usâ, reaction by court services is to try and deflect blame elsewhere. The attitude is typified by the administrative muddle highlighted by the events in Leeds.
Matters of substance crucial to a just decision are then replaced by procedural nit-picking. There is no consideration of the potential consequences for an effective, fair and impartial judicial system. This lackadaisical approach has the consequence that court service officials and indeed the legal profession as a whole take the easy way out by ignoring or avoiding due process, secure in the knowledge that they face no sanctions. In certain circumstances, a lawyer may deliberately adopt such an approach in furtherance of their clientâs interests.
The system is broken and will remain so until strict enforcement of procedures is adopted. A starting point, whenever any maladministration comes to light, would be active intervention in the management of each case to ensure that rules and procedures are strictly followed by all parties involved â including court services and the judiciary. To be effective, this process also needs to be independently and externally assessed by a body that is not reluctant to enforce discipline when required. Unfortunately, it is doubtful whether the events in Leeds will have any long-term consequences or lead to a thorough and overdue overhaul of the judicial system.
Stanley M. Schweitzer, London, United Kingdom
Mr Jack Straw may well find the failings of Leeds Magistrates Court "lamentable" but his predecessor's meddling led to such a sorry pass. I worked at Leeds Magistrates Court from 1994 to 2001 and saw at first hand how it deteriorated from an effective and efficient independent court to the shambles it became in little under 5 years. Amalgamating all the courts in West Yorkshire into a "one size fits all" was always a meddle too far. Appointing a Chief Executive who had never set foot inside a court room was a close second. Appointing a senior management team at Leeds under the "Peter Principle" didn't serve the cause of justice well let alone that same management team throwing out the tried and tested procedures and processes in its first month .The turnover of staff became horrendous, the pressure on remaining people was almost unbearable. Don't blame the ordinary administrative staff and legal advisers who worked under tremendous strain. The rot started firmly at the top.
Anita Howard, Otley, West Yorkshire