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'Cost-cutting' justice criticised 'Cost-cutting' justice criticised
(30 minutes later)
Decisions in courts in England and Wales are being made on the basis of cost not justice, say magistrates.Decisions in courts in England and Wales are being made on the basis of cost not justice, say magistrates.
In a letter to the prime minister, the Magistrates' Association argues against the use of fixed penalty notices for the likes of public order offences.In a letter to the prime minister, the Magistrates' Association argues against the use of fixed penalty notices for the likes of public order offences.
Magistrates say they are also unhappy budgets have been cut and many courtrooms have been closed.Magistrates say they are also unhappy budgets have been cut and many courtrooms have been closed.
The government has said that it wants the courts to provide "speedy, simple, summary justice". Ministers say lack of funding is not the problem and argue that staff need to work more effectively together.
It has said courts - especially magistrates' courts - are clogged up with too many cases which they do not need to hear and can be dealt with administratively.
Public confidencePublic confidence
But the association says the increased use of measures like fixed penalty notices meant sentences were being decided on "financial grounds rather than judicial grounds". The association says the increased use of measures like fixed penalty notices meant sentences were being decided on "financial grounds rather than judicial grounds".
Its chairwoman Cindy Barnett said the situation dents public confidence in the criminal justice system. The issue is not a lack of resources, it is making sure all of the people in the system work effectively together Lord FalconerLord chancellor
She told The Times: "Anger has really spilt over about the cost-cutting effects of government initiatives. The courts are clogged up with too many cases which they do not need to hear and can be dealt with administratively, the association says.
"We accept that there are enormous pressures, from, for example, the legal aid budget and that funding can't be unlimited. Its chairwoman, Cindy Barnett, told BBC News there were an "awful lot of examples" where lack of funding was putting "enormous strain" on the system.
"But it is a basic necessity. Quality justice can only be provided by a properly-resourced court service. "If there is a question of a lack of legal advisers, for instance, it makes it more difficult for the right number of courts to run," she said.
"Lack of proper support now severely threatens and debilitates the delivery of a modern well-run service." "The same is true when there is under-resourcing of the CPS and over-strain on the police."
She said it was "very frustrating" when magistrates were prevented from dealing with cases because of staff shortages or missing papers.
Spending increase
But Lord Falconer, the lord chancellor, said the system was not suffering because of a lack of funds.
"We spend more on criminal justice than any other country in Europe and the United States of America."
He said expenditure on criminal justice had risen from 2% of gross domestic product to 2.5% in the past 10 years.
"And that's not just increasing the number of police, it's also spending more money on the courts, more money on the prosecutors."
Lord Falconer added: "The issue is not a lack of resources, it is making sure all of the people in the system work effectively together."