Transforming Our Justice System

Transforming Our Justice System

On 8 February the Ministry of Justice published it's response to the Transforming our Justice System consultation.

In their response to the consultation, submitted in November 2016, the Law Society emphasised the importance of accessibility which would be integral to the success of any digital services; an inaccessible system which prevents users from engaging with the courts cannot be considered as a process that delivers justice. The Society also raised concerns about the proposal to reduce a three-panel tribunal to a single judge.

In its response the government confirmed that HMCTS would not mandate the use of digital channels for public users for HMCTS services. Furthermore, assisted digital services would not remove users’ rights to representation; the assistance is limited to technical assistance to navigate the digital processes and will not be providing any legal advice.

The Law Society welcomed the government's confirmation that it will not introduce a default position that Tribunals should consist of a single person.  However, they are concerned with the MoJ’s proposals to accept guilty pleas for “ low level” cases. The Society does not believe that their concerns around the principles of justice, and the understanding of defendants who opt for this process, have been adequately addressed, particularly in respect of the information that will be available to them before entering a guilty plea. The Society will be seeking clarity on the detail of such safeguards before any such scheme is introduced.