The three main parties agree that criminal justice needs fixing – but differ on priorities
Conservatives
Clashes with the European Court of Human Rights over Rwanda deportations feature strongly in the Conservatives’ manifesto. The document states: ‘If we are forced to choose between our security and the jurisdiction of a foreign court, including the ECtHR, we will always choose our security.’
Publishing the manifesto, prime minister Rishi Sunak said a new Conservative government would recruit 8,000 new police officers, cut anti-social behaviour through ‘intensive hot spot policing’ and ‘protect women and girls by guaranteeing single-sex spaces through an amendment to the Equality Act to make it clear sex means biological sex’.
Elsewhere the Conservative manifesto promises to:
- End the ‘legal merry-go-round’ of challenges to removals of asylum seekers.
- ‘Support our world-class legal services sector, including through an Arbitration Bill.’ Legislation will also support third-party funding of litigation.
- End ‘frivolous legal challenges’ to infrastructure projects by amending the law on judicial review.
- Cut the ‘Covid court backlog’ by keeping Nightingale courtrooms open, funding sitting days and investing in court maintenance, match 100 criminal law pupillages ‘to speed up justice for victims’; and ‘continue to ensure access to justice through legal aid provision’.
Labour
A Labour government would expand the role of associate prosecutors as an initial step to tackling the court backlog. The manifesto states: ‘After 14 years of neglect, the criminal justice system is broken.
‘As an initial step to address the courts backlog, Labour will ensure more prosecutors are available by allowing associate prosecutors to work on appropriate cases.’
Associate prosecutors (APs) work in-house for the Crown Prosecution Service and can currently conduct uncontested cases in the magistrates’ courts. Some suitably trained APs are able to conduct specified contested hearings at present, up to and including trials of summary-only non-imprisonable offences. The manifesto does not state on which other kinds of ‘appropriate cases’ APs might be permitted to work.
The manifesto also pledges to carry out a review of court sentencing powers ‘to ensure it is brought up to date’ and to fast-track rape cases by introducing specialist courts at every Crown court location in England and Wales. The party claims it could reallocate £5m to appoint advocates to provide free legal advice and support to rape survivors across England and Wales.
Labour also said it would introduce a new criminal offence for spiking drinks as well as a ‘Hillsborough Law’ to place a legal duty of candour on public servants and authorities. Revenue of £565m raised by closing a carried interest tax loophole would enable £30m to be deployed to legal aid for victims of disasters or state-related deaths.
Elsewhere, the manifesto promises reform to a planning regime which ‘acts as a major brake on economic growth’. Labour ‘will set out new national policy statements, make major projects faster and cheaper by slashing red tape, and build support for developments by ensuring communities directly benefit’.
The UK ‘will unequivocally remain a member of the European Convention on Human Rights’.
Liberal Democrats
An ambition to halve the time from offence to sentencing for all criminals forms part of justice plans set out in the Lib Dem manifesto. The party said it would implement a new data strategy across the criminal justice system to ensure that capacity meets demand. There would also be a workforce strategy to ensure there are enough criminal barristers, judges and court staff.
In a move towards greater transparency, the party would enable all victims of crime to request a transcript of court proceedings free of charge.
The party pledges to develop and implement a comprehensive race equality strategy to address what it calls ‘deep inequalities’ in areas such as criminal justice.
There is also a commitment to ensuring justice for victims of scandals and to prevent future scandals. The Lib Dems say they will provide ‘full and fair compensation’ to all victims of the Horizon Post Office scandal and the infected blood scandal as quickly as possible.
The party would introduce the Hillsborough Law: a statutory duty of candour on police officers and all public officials, including during all forms of public inquiry and criminal investigation.
On housing, the manifesto pledges to immediately ban no-fault evictions, making three-year tenancies the default, and create a national register of licensed landlords. There is also a promise to establish a new right to affordable, reasonable legal assistance, and to make the legal aid system ‘simpler, fairer
