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“The rule of law and access to justice should underpin any reform of the immigration and asylum system. Any changes should be well-evidenced and coherent.”
British values of justice must not be undermined in the rush to recover from COVID The rule of law must underpin every step of the UK’s recovery from the pandemic and guide us through the post-Brexit period, the Law Society of England and Wales warned in its response to the Queen’s speech. Law Society president I. Stephanie Boyce said: “As the government looks to rebuild after the pandemic it should ensure its plans don’t fly in face of our British values. “Britons overwhelmingly* want their country to be a beacon of the rule of law with rules applying equally regardless of the individual or the institution.” Balance of power between the courts, the legislature and the executive On constitutional reform plans, I. Stephanie Boyce said: “Proposals on judicial review – which the government claims are intended to adjust the balance of power between executive, parliament and the courts – risk taking power away from citizens and putting more into the hands of government. The rule of law and access to justice would be significantly weakened. “The independent panel convened by
Safety of citizens
government to review the relationship between the courts and the state found no evidence of judicial overreach. “Judicial review is an essential check on power. It keeps government and public bodies on the straight and narrow and allows individuals to uphold their rights when faced with the might of the state. “The effect of government proposals would be a fundamental distortion of the protection judicial review is supposed to provide against state action, undermining the rule of law and restricting access to justice.” Sovereign borders bill
The report, funded by the Nuffield Foundation, found limited guidance and almost no evidence of training for legal practitioners on how best to prepare a witness statement, leading to a variability in quality of such statements. Additionally, for litigants in person (those self-representing in court) there were differing levels
I. Stephanie Boyce said: “The justice system – which is essential to maintaining law and order for the safety of us all – is on its knees. “A boost in funding is vital if the British people are to have meaningful access to justice. Half the courts in England and Wales have been shut down since 2010 and those that remain are crippled by backlogs stretching to 2023. Swingeing cuts to legal aid have left the most vulnerable without representation when they face life-changing legal issues.
I. Stephanie Boyce said: “Home Office plans for immigration and asylum pose a serious threat to the rule of law as well as undermining access to justice and making a mockery of British fair play.
“At the very least, legal aid should be re-introduced for early advice, particularly for family and housing law cases, and further investment in Nightingale courts is needed to restore timely access to justice for victims, witnesses and those accused of crimes.
“The Law Society shares the government’s aim of preventing people smuggling, but asylum-seekers who reach our shores by so-called irregular routes, such as by boat, should not be penalised. To do so would risk breaching international law by creating a two-tier asylum system.
“Rights are meaningless if people cannot defend or realise them – whether because they can’t get legal aid, because of huge delays in the courts or because avenues for redress such as judicial review have been watered down.”
Research Reveals Legal Practitioners Receive Limited Or No Professional Training On Preparing Witness Statements The Institute for Crime & Justice Policy Research (ICPR) at Birkbeck has published a new report, ‘Witness Statements for the Employment Tribunal in England and Wales: What Are The Issues?’ , that explores best practice for preparing witness statements for Employment Tribunals in England and Wales.
The Police, Crime, Sentencing and Courts Bill looks to make citizens feel safer, but without investment in the justice system more widely it may be doomed to fall short.
of support as well as a shortage of online resources and guidance publicly available. The researchers recommend an indepth review of witness statement training is undertaken as well as a wider review of legal practitioners’ training needs in relation to witness statements. Furthermore, they advise improving online resources and updating the guidance issued by the President of Employment Tribunals, to reflect the study’s findings and psychological research which informs current best practice on interviewing witnesses.
“Witness statements have a direct bearing on the outcome of cases, litigation costs and the efficiency of hearings. At a time when the Business and Property Courts are introducing new rules and judges are voicing concerns about the quality of witness statements, our study shows how training and guidance needs to be informed by research from the field of psychology.” Dr Michelle Mattison added: “Producing witness statements which contain complete and accurate evidence, and which comply with legal rules and directions, is a complex task. In order to enhance access to justice and improve the quality of witness evidence in courts and tribunals there is a pressing need for better guidance and mandatory training.” The project has been funded by the Nuffield Foundation, but the views expressed are those of the authors and not necessarily the Foundation
Co-author, Dr Penny Cooper, said:
the barrister Trinity Term 2021
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