Summary Justice - Cleverdick or Space Cadet!!
The difference between "clever" and "intelligent"!!
"What will the PM do next - even an admittance of failure has a spin"
"Summary Justice"
The interesting issue by the PM : "speedy, simple summary justice".
The only bit that is of any use is the word "simple"; simplification of the procedural rules by removing those rules which are not necessary would "naturally" speed up the system.
However, what does the PM envisage by "speedy, simple Summary Justice"? Not exactly clear or a riveting read. Is he "spinning" or "making it up as he goes along".
The real issue in the Justice system at the moment is "enforcement of court orders and judgments", not the Human Rights Act 1998. To remedy the situation it is necessary for Judges to either specify a TIME for implementation of their order/Judgment and/or METHOD of processing their order in the actual order/judgment OR for a CPR Rule to be created concerning enforcement of all orders/judgments with contempt of court being the effect where non-compliance is occurring.
Judges don't actually need the HRA 1998 on the premis that they do "natural justice" and are intelligent. The existence of "posited" law concerning a right to a fair trial "implies" that judges are "thick" and/or "corrupt".
The Writer is of the view that due to the Access to Justice Act 1999 actually "doing" the opposite - Access FROM Justice, the HRA 1998 is actually necessary as posited law. This is not a satisfactory state of affairs in the UK as it means either our standards of "Justice" have dropped since 1999 or that the standard was non-existent pre-1999.
However speeding up the justice system by electronic processing of cases would be an improvement inclusive of an environmental kickback.
The case could be electronically prepared for court by the Police, Defence/Prosecution transferred and added to by the CPS, transferred and added to by the Judge, transferred and added to by whosoever processes the order for prison, rehabilitation, release, etc, issues transferred to other bodies such as Social Work, MI5/6, statistical and historical data gathering for academics and historians, etc, use by the media as court cases are "public" domain unless specifically stipulated otherwise as "private" which is the rule of law applied in an arbitration.
Once the evidence is scanned in, it does not need to be copied 5 times for the court and every other party who comes into contact with it.
Inevitable storage of the case would require less space!
Scanning machines are becoming ever more sophisticated, you could even have a scanning machine to CD Rom in the court itself - such that either you pay someone to do it for you, or you do it yourself.
You would however, have to swear a statement that the documents held in electronic form are "images" of the originals, are not copies and have not been manipulated in any way to your knowledge and belief such that if requested to do so you can retrieve the original image - you would not be permitted to destroy original source data.
As an issue of "Modernity" the PM needs to be seen to be processing Justice in the 21st Century.
Discuss
"What will the PM do next - even an admittance of failure has a spin"
"Summary Justice"
The interesting issue by the PM : "speedy, simple summary justice".
The only bit that is of any use is the word "simple"; simplification of the procedural rules by removing those rules which are not necessary would "naturally" speed up the system.
However, what does the PM envisage by "speedy, simple Summary Justice"? Not exactly clear or a riveting read. Is he "spinning" or "making it up as he goes along".
The real issue in the Justice system at the moment is "enforcement of court orders and judgments", not the Human Rights Act 1998. To remedy the situation it is necessary for Judges to either specify a TIME for implementation of their order/Judgment and/or METHOD of processing their order in the actual order/judgment OR for a CPR Rule to be created concerning enforcement of all orders/judgments with contempt of court being the effect where non-compliance is occurring.
Judges don't actually need the HRA 1998 on the premis that they do "natural justice" and are intelligent. The existence of "posited" law concerning a right to a fair trial "implies" that judges are "thick" and/or "corrupt".
The Writer is of the view that due to the Access to Justice Act 1999 actually "doing" the opposite - Access FROM Justice, the HRA 1998 is actually necessary as posited law. This is not a satisfactory state of affairs in the UK as it means either our standards of "Justice" have dropped since 1999 or that the standard was non-existent pre-1999.
However speeding up the justice system by electronic processing of cases would be an improvement inclusive of an environmental kickback.
The case could be electronically prepared for court by the Police, Defence/Prosecution transferred and added to by the CPS, transferred and added to by the Judge, transferred and added to by whosoever processes the order for prison, rehabilitation, release, etc, issues transferred to other bodies such as Social Work, MI5/6, statistical and historical data gathering for academics and historians, etc, use by the media as court cases are "public" domain unless specifically stipulated otherwise as "private" which is the rule of law applied in an arbitration.
Once the evidence is scanned in, it does not need to be copied 5 times for the court and every other party who comes into contact with it.
Inevitable storage of the case would require less space!
Scanning machines are becoming ever more sophisticated, you could even have a scanning machine to CD Rom in the court itself - such that either you pay someone to do it for you, or you do it yourself.
You would however, have to swear a statement that the documents held in electronic form are "images" of the originals, are not copies and have not been manipulated in any way to your knowledge and belief such that if requested to do so you can retrieve the original image - you would not be permitted to destroy original source data.
As an issue of "Modernity" the PM needs to be seen to be processing Justice in the 21st Century.
Discuss
posted by Lesley McDade at 7:32 pm
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