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'Cost-cutting' justice criticised 'Cost-cutting' justice criticised
(40 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 criticised the use of fines for public order offences.
Magistrates say they are also unhappy budgets have been cut and many courtrooms have been closed. The association said financial cuts were causing low staff morale and "severely undermining" public confidence in the system.
Ministers say lack of funding is not the problem and argue that staff need to work more effectively together. Ministers said spending had risen over the past 10 years, and urged staff to work together more effectively.
Public confidence The magistrates' letter was arguing against a financial settlement announced by the constitutional affairs department.
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 said the deal would amount to a decrease of 3.5% each year in real terms.
"The extent of the financial cuts that have been made in recent years makes it impossible for the system to perform adequately," the letter stated.
'Very frustrating'
The association said the courts needed better IT systems, more clerks, more legal advisers and more investment in the court buildings - some of which are rat-infested.
The letter also argued that increased use of measures like fixed penalty notices meant sentences were being decided on "financial grounds rather than judicial grounds".
The issue is not a lack of resources, it is making sure all of the people in the system work effectively together Lord FalconerLord chancellorThe issue is not a lack of resources, it is making sure all of the people in the system work effectively together Lord FalconerLord chancellor
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. Association chairman, Cindy Barnett, told BBC News there were an "awful lot of examples" where lack of funding was putting "enormous strain" on the system.
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.
"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."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.
"The same is true when there is under-resourcing of the CPS and over-strain on the police.""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.She said it was "very frustrating" when magistrates were prevented from dealing with cases because of staff shortages or missing papers.
Spending increaseSpending increase
But Lord Falconer, the lord chancellor, said the system was not suffering because of a lack of funds.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.""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.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.""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."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."