§ 30. Mr. Arthur Lewisasked the Attorney-General whether he is aware of the concern felt by the taxpayer in general, and those seeking legal redress in particular, at the long time which ensues before legal cases are resolved, and of the fact that delay in proceedings can prove a profitable venture for those connected with the legal profession; and what action he has taken or intends taking to speedup the whole of the judiciary system.
§ The Solicitor-General (Sir Geoffrey Howe)My noble Friend the Lord Chancellor is as much concerned on humanitarian as on financial grounds at delays in bringing cases to trial. It was to speed this process that the Government introduced the sweeping reforms brought about by the Courts Act which is now in operation. I cannot accept that it is in the interests of the legal profession or anyone else for there to be delays in the administration of justice.
§ Mr. LewisI am receiving no refresher brief. For 25 years I have heard Governments say that they will do something about it but things are getting worse. Will not the Solicitor-General support the Lord Chancellor in seeing that action is taken? Will he set up a committee of ordinary trade unionists to consider whether these people can operate on some kind of piece-work bonus payment? When workers take a long time over their work there are screams of protest in this House, but lawyers seem to get away with it.
§ The Solicitor-GeneralThe hon. Member is wrong to suggest that the matter is being treated with indifference. As a 24 result of the Courts Act and consequent upon that, the Lord Chancellor has taken and is taking steps to increase substantially the number of courts available in the London area. They increased by 15 since he came into office, and another 16 courtrooms will be brought into use by the end of this year. The problem of delay is being tackled vigorously and specially by the circuit administrator for the South-Eastern Circuit at the personal request of the Lord Chancellor.
§ Mr. Fletcher-CookeIs it not the case that, bad though we may be, we are a good deal better than we were and we are far better than any other civilised country?
§ The Solicitor-GeneralMy hon. and learned Friend is quite right. That fact was remarked upon by the members of the visiting deputation from America who came here last year.
§ Sir Elwyn JonesAs the implementation of the Beeching Commission recommendations has, or should have had, the effect of eliminating a good deal of wasted judicial time, can the Solicitor-General yet give an indication of what impact the implementation of the Beeching proposals has had on this grave problem of delay which concerns not only the laymen but lawyers too?
§ The Solicitor-GeneralAs I have already indicated the Government entirely share the concern about this matter but, as the right hon. and learned Gentleman will appreciate, the effects of the Beeching Commission Report really started only from the beginning of this year. Statistics are only now beginning to come in but the number of courts available in London has been and is being substantially increased. Delays in the London and South-Eastern areas should begin to yield to that change quickly. The position outside London is nothing like as serious.
§ 31. Mr. Arthur Lewisasked the Attorney-General whether he will give for the longest and most convenient stated period of time as much detailed information as may be readily available giving the actual and/or estimated time taken for cases to go through all their legal stages; how many cases are outstanding which first commenced before 25 January, 1972; and what on average is the cost of court cases in general and of High Court cases in particular.
§ The Solicitor-GeneralThe average waiting time between committal by magistrates' courts and hearing by the Crown Court is about five months in London and two months elsewhere. It is possible to bring defended Queen's Bench actions on for hearing within six to eight weeks of the solicitors certifying that they are ready to proceed.
On 25th February, 1972, there were 2,646 cases awaiting trial at the Crown Court in London which had been committed before 1st January. In the provinces there were 3,893 outstanding committals, 1,882 Queen's Bench actions awaited trial in London on 3rd March, 1972, and 1,118 in the provinces on 25th February.
The average cost of legally aided cases tried at assizes and quarter sessions in 1970–71 was £101.89.
§ Mr. LewisMay I express my thanks to the Solicitor-General for his very detailed reply? Do not these figures show that something should be done? Is it not terrible that people should be kept waiting five months by a magistrates' court before they know how serious is the outcome? Ordinary people worry about these things and to be kept waiting five months, even though it may appear trivial to some, is a worry. Perhaps the Solicitor-General could consider setting up a Select Committee of the House to see what could be done to expedite these issues.
§ The Solicitor-GeneralThe hon. Gentleman must not assume that it is only ordinary people who are concerned about this. My noble Friend and my right hon. and learned Friend share concern about the long delay between committal and trial in the London area. It is for just that reason that the Courts Act reforms have been passed, that all the efforts are being made to produce the additional courtroom accommodation I have mentioned and that the circuit administrator for the South-Eastern Circuit is undertaking a special and urgent review of the position in London and the South-East.
§ Sir G. NabarroWhile I do not wish to comment adversely at this stage on these deplorable figures, many of which 26 are avoidable, may I ask my hon. and learned Friend to apply himself to the disgraceful delays in ordinary administrative processes, such as obtaining a transcript of a case going to appeal, for which I have been waiting for seven long weeks and I cannot get any change out of the courts or anyone else?
§ The Solicitor-GeneralMy noble Friend is aware of, among other things, the recurrent complaints about delays in obtaining transcripts and has for that reason also been taking action on that front. The number of transcripts outstanding in cases going to the Court of Appeal, Criminal Division, a year ago was 1,083. This year it has been reduced to less than half that figure. The importance of the matter is not underrated and it is being tackled.
§ Mr. LiptonWhat impact have the recent changes had in reducing the backlog of cases at the Old Bailey? I know of people in Brixton prison for months at a time on remand awaiting trial at the Old Bailey.
§ The Solicitor-GeneralThe particular problem at the Old Bailey is part of the general problem of securing early trial of cases in the London area. It is one of the problems to which special attention is being given. Its importance to the hon. Gentleman is in no sense underrated but we must bear in mind that in the first two months of this year there has been an unprecedented number of committals for trial, amounting to almost 1,605 in the London area in those two months alone.
§ Sir Elwyn JonesIt seems to be conceded that five months is an intolerable time between committal and the trial of criminal cases in the London magistrates' courts. Will the Solicitor-General give sympathetic consideration to the proposals now being made for an extension of bail for those awaiting trial? One of the most deplorable features of our administration of justice at present is that people who are subsequently acquitted or not sent to gaol spend months in prison before coming to trial.
§ The Solicitor-GeneralThere has been a recent report on the subject which we discussed to some extent in the recent debate on the Legal Advice and Assistance Bill. I then indicated that I was 27 responding sympathetically to some of the matters there set out. Obviously, the proposal that the right hon. and learned Gentleman has mentioned is one of the solutions which must be considered by any Government wrestling with the same intractable problems of the crime explosion as faced the right hon. and learned Gentleman when he was in office.