South Swindon MP says government may 'fundamentally reform' single justice procedure
Heidi Alexander, the Justice Minister, is set to meet prosecutors
The Government has said it is open to "fundamentally reforming" the fast-track single justice procedure (SJP) court process over questions around private companies bringing prosecutions.
Justice minister Heidi Alexander said while it is important for ensuring magistrates' courts run smoothly, she will not accept improper usage of the SJP and has asked for the notices to be redesigned.
Ms Alexander will meet prosecutors to discuss how the public interest is taken into account when people are charged under the SJP.
It comes as Labour backbencher Lee Pitcher (Doncaster East and the Isle of Axholme) said Government-owned LNER, which runs services on the East Coast Main Line, was bringing prosecutions under the measure, despite train companies having more than 74,000 fines overturned because they had improperly used it.
Ms Alexander (Swindon South) said: "I will raise the evidential questions referred to by my hon friend with representatives of the train operating companies when they and other SJP prosecutors join me in discussions in the next few weeks.
"I am clear that single justice procedure is vital for the efficient running of the magistrates court, however, it must operate fairly and effectively.
"Let me say this, I will not tolerate poor practice, and I will not hesitate to fundamentally reform this system if that is what is required."
The SJP allows magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court. It was introduced in 2015. Last year, 787,403 criminal cases were dealt with by magistrates' courts under the SJP.
Speaking during Justice Questions on Tuesday, Mr Pitcher said: "Earlier this year, a decision by the chief magistrate overturned the use of SJP for rail fines, potentially nullifying and requiring the refunding of as many as 74,000 fines.
"It's been reported in the past few days that LNER has been bringing similar prosecutions under SJP without supplying any evidence at all.
"I do not make any assumption about the guilt or innocence of anyone involved in these prosecutions, but justice must be open. It must be clear and it must be fair. It is unfair to expect people to engage with a process without it being clear what evidence has been laid against them.
"Can the minister confirm that her department will keep these principles at the heart of all of our justice practices, including SJPs?"
In August, the chief magistrate overturned more than 74,000 fines by Northern and Greater Anglia after he ruled the convictions were void. The rail firms could end up having to pay millions of pounds to people who they privately prosecuted for travelling without a ticket.
Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders. However many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.
Ms Alexander said on Tuesday that she had asked officials to redesign the notices to make them clearer.
She said: "I have listened carefully to concerns raised about the single justice procedure. As a first step I have asked the courts and tribunals service to redesign the SJP notice and make it clearer.
"I will also be calling in SJP prosecutors to discuss ways in which we could ensure the public interest is considered by them in advance of making prosecutions."
Magistrates' Association chief executive Tom Franklin said: "The Magistrates' Association welcomes the announcement made by Heidi Alexander MP today on the single justice procedure, that she intends to make the notice sent to defendants clearer, and to discuss with SJP prosecutors ways to ensure the public interest is considered by them in advance of proceeding with prosecutions.
"In March, we called for SJP reform and published 12 recommendations to improve its operation, transparency and fairness. Our recommendations included making it a requirement that prosecutors see all pleas and mitigations from defendants before the cases are heard by the magistrate, and improving communication, through a review of the paperwork sent to defendants, to make it simpler and easier to understand.
"However, reform needs to go further. We are also urging the Government to boost transparency by making provision for SJP sittings to be observable by accredited journalists, and by publishing more data on the SJP, such as how many defendants plead guilty, how many make no pleas, and how many ask to come to court, nationally and broken down by region."