The process of opening up data from the justice system for study and reuse should take a step forward with the announcement of a recruitment drive for ‘senior data governance panel’. The panel will advise HM Courts & Tribunals Service, the Ministry of Justice and HM Judiciary on issues arising from the commitment by the lord chancellor, the lord chief justice and senior president of the tribunals to make more use of data created in the justice system of England and Wales.

Successive investigations by academics and parliamentary bodies have criticised the lack of data about the workings of the system. A study this week found that more than a quarter of listed cases, mainly in the junior courts, conclude with no judgment being published. A lack of data on courts usage is meanwhile hampering efforts to assess the £1bn courts modernisation programme. However surveys indicated public unease about the publication of such data. 

According to the MoJ, the governance panel will focus on four main principles: open justice, independence of the judiciary, rule of law and maintaining public confidence in the justice system

'It will enable the judiciary, HMCTS, and MoJ to make the best possible use of data to improve public services,' the announcement said. 'It will support the development of data in the wider justice system, increasing transparency and encouraging innovation throughout government and beyond.'

The panel will be made up of five senior officials of HMCTS and the MoJ, five senior judges, including a co-chair and 'at least five independent experts'. It will succeed a shadow panel co-chaired by a senior MoJ official and Mr Justice Fraser since 2020.

'The panel aims to attract experts in open data, social research and emerging technologies such as machine learning. It also welcomes those familiar with the LawTech sector and those with experience of exploring the effect of justice on socially or economically disadvantaged groups', the announcement said. 

Natalie Byrom, author of the 2019 Digital Justice report which kicked off work on a justice data strategy, described the announcement of the panel as 'an important, if overdue, step'. 

'It is vital that the panel maintains a laser focus on the role of data in improving the justice system for all rather than serving commercial interests,' Byrom said. She warned that the public is 'deeply sceptical about allowing companies to access bulk data from the courts'.

Applications are invited for the independent expert roles, which are unpaid. 

 

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