A justice system that’s fit for our constitutional position
Auriol Miller, director at the Institute of Welsh Affairs, says that Wales needs a justice system which meets the specific needs of its citizens
WHAT’S a reasonable test of whether a justice system is working or not?
One test might be that victims of crime have easy access to justice; another could be that prisoners are rehabilitated and are able to rejoin and contribute positively to their communities upon release; another that the system is efficiently run and contributes positively to the economy.
On all these tests, the present unified jurisdiction between England and Wales does not serve the people of Wales well.
Fundamentally, it is an English system that accommodates Wales when it has to. Its institutions, policies and attitudes are based on a one-size-fits-all approach, driven by the needs of large English urban areas.
Recent court closures in Wales are a clear example of this. People involved in court cases in Wales – whether witnesses, victims or the accused – often undertake threehour journeys by public transport to get to court. Others have to travel to court the day before and stay in a B&B to ensure they are on time. Does this seem like easy access to justice?
Welsh and English prisoners alike are moved around the prison estate of England and Wales with little, if any, regard for their community and family ties. Given the latter’s importance to rehabilitation, it’s hardly a system set up to maximise people’s chances.
Some Welsh cases, at first instance and on appeal, continue to be heard in London. So the broader economic benefits of the justice system, including employment and career structures, are lost to Wales.
Westminster’s 1993 Welsh Language Act sets out that, in the administration of justice, the Welsh and English languages should be treated equally. However, the Welsh language is placed in an inferior position to English when selecting juries to try cases in Wales in which the Welsh language is used.
There are many other examples. Fundamentally, this “one-size fits all” administration of justice in Wales isn’t delivering the outcomes for people that we should expect of our justice system, and it isn’t good enough.
In Scotland and Northern Ireland the administration of justice is, essentially, a devolved matter. Devolution of elements of justice to English cities and mayors is under consideration. Wales’ already anomalous position is becoming even more so.
The days of “For Wales, see England” are gone. That Wales should be considered separately from England and, where appropriate, receive different treatment to meet our demographic, geographic, socioeconomic, societal and linguistic characteristics is an issue already broadly settled.
The Commission on Justice in Wales, set up by the First Minister, has just concluded its call for evidence.
The Institute of Welsh Affairs was one of a number of organisations who responded.
We believe Wales deserves better, and called on the Commission to draft a blueprint which understands and meets the needs of people and communities of Wales.
This will mean allowing decisions on justice in Wales to be taken by institutions based in Wales that properly understand Welsh society and its needs.
It will require bringing the institutions of justice closer to the citizens of Wales to ensure easier access to justice.
It means ensuring the justice system is able to develop, to support and reflect Wales’ changing constitutional position in the United Kingdom, and that it does so in a way which maximises its contribution to Wales’ economy.
Wales was incorporated fully into the English legal system in the 16th century.
Developing a justice system suitable for Wales in the 21st century cannot be done overnight, but there are elements of the system which can be devolved in the short term and improvements made.
For instance, there is a large measure of agreement on the devolution of policing to Wales.
Transfer of responsibility for the language in courts in Wales to the Welsh Government would be a significant step in developing a justice system suitable for a bilingual country.
Youth justice and the probation service are areas of the justice system where links with already devolved public services are particularly strong. Devolution of these services would make possible an integrated approach to the treatment and rehabilitation of offenders.
Other areas are trickier and need more exploration, but that’s not a reason not to do it. What would a prison service designed to meet the needs of Wales look like? Could smaller prisons with strong community links better promote rehabilitation?
A Welsh jurisdiction would not need to be wholly self-sufficient in the sense that there would be no cross-border or inter-jurisdictional co-operation. Whether that system is partially or fully devolved is arguably less important than the substantive difference these changes make to people’s lives.
In the short term, increased provision for the needs of Wales within a single jurisdiction may well help alleviate some of the challenges of a shared system.
However, it does not give scope for the sorts of changes that will deliver a justice system fit for Wales’ constitutional position and which meets the specific needs of its citizens.
It is high time this nettle was grasped and that Wales was put on a similar footing to Scotland and Northern Ireland. We need a justice system that properly reflects Wales’ constitutional position and which meets the specific needs of its citizens.