One might not expect the justice system to feature much, or at all, on the agenda of a political party freshly ousted from power and yet to select a new leader. But while a four-way contest to succeed Rishi Sunak dominated this year’s Conservative party conference, important justice-related discussions took place on the sidelines.
First up was whether the Conservatives should support or oppose the European Convention on Human Rights.
The topic was to feature strongly in the would-be leaders’ speeches. But at a fringe event, former lord chancellor Robert Buckland KC, who lost his South Swindon seat in July’s election, described the ECHR issue as the ‘reddest of red herrings’.
While polling suggests immigration is a key issue for voters, Buckland pointed out that ECHR membership is immaterial to issues of fact when it comes to legal and illegal migration.
‘The decision made about Rwanda [removals] was not about the interpretation of ECHR law,’ he said. ‘It was about our own domestic law and the concept of a safe country given by the 1951 Refugee Convention… I’m worried that if we go down this rabbit hole, seeking to leave the ECHR, we just look weird.’
Later that day, former lord chancellor Alex Chalk KC and newly elected solicitor MP Sarah Bool attended a reception hosted by the Law Society and Bar Council to celebrate the legal sector’s economic contribution.
Chalk told a packed room that the entire budget for the Ministry of Justice, which oversees the prisons, courts and legal aid, was spent by the Department for Work and Pensions in two weeks. ‘Relatively speaking it’s underfunded. We do have to keep fighting for it,’ he said.
The following day the Society of Conservative Lawyers, Law Society, Bar Council and All-Party Parliamentary Group on Access to Justice hosted a discussion on how better to deliver access to justice.
Barbara Mills KC, vice-chair of the Bar Council, said the justice system required a long-term infrastructure plan. The bar’s spending review submission calls for the government to match-fund the training of at least 100 additional criminal pupillages.
David McNeill, director of public affairs at the Law Society, highlighted the crucial role criminal defence solicitors played during the summer to help courts deal with rioters swiftly. Yet the sector is hurtling towards extinction, with only 4% of duty solicitors under 35.
New civil legal aid research has calculated that housing legal aid reforms would save the NHS at least £15m annually.
Rohini Jana, head of parliamentary affairs at the Legal Aid Practitioners Group, asked the Conservatives to urge the government to make public the civil legal aid review, which commenced under the Conservative government, and implement its findings.
To cut the backlog of outstanding cases, Chalk suggested serious consideration be given to restructuring the courts so that Crown courts deal with only the most serious cases. ‘Is it right that someone accused of possession of Class C drugs has an automatic right to elect a Crown court trial?’ Chalk asked.
Cases with a maximum sentence of two years could be dealt with by a judge and two magistrates, he suggested.
The Centre for Young Lives and Nacro hosted a discussion on how to reform the criminal justice system for the benefit of everyone.
Former prisons chief inspector Nick Hardwick said people going back to a decent home, earning a legitimate income or addressing their drug and alcohol issues are less likely to offend when released. A key driver for providing all of this? Family.
‘One of the most effective supervisors for young men when they are released back into the community often is not the probation officer but the older sister, who is more scary than the probation officer,’ Hardwick said.
The final justice-related event, on day three of conference, was a discussion exploring how community hubs and prevention partnerships can reduce crime and violence.
The event heard that non-profit social enterprise Catch22 has entered into a strategic partnership with youth violence prevention charity Redthread, which places youth workers in A&E departments to support young people at ‘reachable moments’ in their life.
In Hertfordshire, the police and crime commissioner funds virtual reality headsets that put young people in situations that might lead them towards violence and see the consequences of their decisions play out. The programme has led to a reduction in the number of young people carrying knives.
A few policy ideas for the main opposition party to consider under its new leader.
