Q&A: Night-shift courts

Home Affairs Correspondent Jane Peel considers plans for courts in England and Wales to sit at nights and weekends in an effort to speed up the criminal justice system.

Q:Why are we considering these proposals?

A: The idea has been considered as part of a review of the criminal justice system in England and Wales. The review has been set up to look at where the system should be by the end of the decade. One of its aims is improving efficiency.

Out of hours courts could be put to best effect in speeding up the time it takes to process people arrested at night for street violence, disorder or muggings.

Q: Has the scheme proved successful elsewhere?

A: Round-the-clock courts exist in America. In New York they are very popular and successful. In one seven-hour overnight sitting, the courts can deal with up to 300 cases. There was a previous attempt to introduce evening sittings in the courts in England and Wales but it came to nothing. Some magistrates' courts already sit on Saturday mornings to deal with overnight remands.

Q: Is the proposal likely to face much opposition?

A: It has been largely welcomed, but there are some difficult issues to be resolved. It is not just magistrates who would need to work anti-social hours. The Crown Prosecution Service, defence solicitors, probation officers and court staff would be involved. The Prison Service might have to be geared up to take night time admissions.

There is also some concern that the extended hours would make little difference. In cases where suspects are expected to be held in custody they have to appear before a court within 24 hours anyway.

Q: Is this conveyer-belt justice a good idea?

A: The government would be anxious to avoid anything that suggested conveyor-belt justice. There would be no question of trying to dispose of a case immediately if it was not appropriate. Drunks would not be expected to appear in court before they were sober, for example.

Where remands are required in the interests of justice, these would be allowed. The likeliest scenario is that the out-of-hours courts would handle the first appearance of a defendant, but not conclude the case.

Q: Is there likely to be a big enough pool of people willing to be night owl magistrates?

A: One bonus might be an increase in people willing to train as magistrates if they can sit out of normal working hours.

Q: Is our criminal justice system particularly slow or backlogged at the moment?

A: The system is considered slow and cumbersome despite efforts by successive governments to make it run as a cohesive unit. The present government has promised to halve the average time from arrest to sentence for persistent young offenders. Some reductions have been made, but it has failed to reach its target so far.

Q: If the proposal is accepted, when could we see 24-hour courts implemented?

This is not clear, but the criminal justice review is expected to be published soon. There is expected to be a few pilot schemes, possibly in one rural and one urban court. These are likely to involve evening and Saturday court sittings rather than 24-hour sittings. However, the Home Secretary, Jack Straw, has said it is possible round-the-clock courts will be considered.