MoJ signals interest in specialist courts – the Round-up

14 December 2015 by Hannah Lynes

Photo credit: The Guardian

In the news

The Ministry of Justice has signalled an interest in the potential of specialist courts for cases of domestic abuse. It has been considering a report published last week by the Centre for Justice Innovation, which recommends an integrated approach whereby criminal, family and civil matters would be heard under a ‘one judge, one family’ model.

The report highlights evidence from the United States, Australia and New Zealand that integrated courts increase convictions and witness participation, lower re-offending, enforce protection orders more effectively and reduce case processing time. Victims would no longer find themselves “jumping from forum to forum” to resolve matters that are “all facets of the same underlying issue.”

Specialist domestic abuse courts could moreover use post-sentence judicial monitoring of perpetrators, and place a greater emphasis on the rehabilitation of offenders. In a speech to the Magistrates’ Association, justice secretary Michael Gove said he had been “impressed” by the potential of problem-solving courts during a recent visit to the US, and was “keen to look more” at what could be done in this area.

However, the proposals under examination are unlikely to allay fears that government cuts are putting women at risk. Under the ECHR, domestic authorities have a duty to “establish and apply effectively a system by which all forms of domestic violence [can] be punished,” and ensure “sufficient safeguards” are provided for the victims [Opuz v Turkey].

Yet current safeguards are under considerable strain, with domestic abuse incidents reported to the police having increased by 34% since 2007/2008. Campaigners warn that austerity measures, which have led to Portsmouth City Council recently announcing a “sizeable reduction” of £180,000 to its domestic abuse service, are likely to put further pressure on authorities already at breaking point.

Other news

• Daily Telegraph: The Government has announced plans to establish an improved help-line for victims of modern slavery, which will be set up with a £1 million contribution from Google. The service will be modelled on a similar helpline in the US, which provides advice to people who have been subjected to forced labour or servitude, and collates data to combat human trafficking.

• The Guardian: Health inspectors from the Care Quality Commission have issued a report critical of the wide variations of treatment received by people detained under the Mental Health Act. The inspectors found no evidence of patients’ views being considered in a quarter of the care plans examined, which Deputy Chief Inspector Dr Paul Lelliott said could “hinder their recovery, and lead to potential breaches in meeting their human rights.”

• BBC: A High Court judge has ruled Lord Janner unfit to plead, with the result that the former politician will not stand trial over allegations of indecent assault and sexual abuse. Mr Justice Openshaw found that the 87-year-old peer had “advanced and disabling dementia that has deteriorated and is irreversible”. A “trial of the facts” is scheduled to take place next April.

• Civic institutions, laws and practices need to better reflect the UK’s less religious, more diverse society, according to a report by the Commission on Religion and Belief in British Public Life. The Commission, led by former High Court judge, Baroness Butler-Sloss, has suggested that schools should no longer face a legal requirement to provide daily acts of worship of a Christian character, and has pointed to a number of “negative practical consequences” of selection by religion in faith schools. The Guardian reports.

 In the courts

• Mironovas v Lithuania

The case concerned the complaints of seven Lithuanian nationals that the conditions of their detention in various correctional facilities had fallen short of standards compatible with article 3 of the Convention. In particular, it was submitted that they were held in overcrowded dormitory-type rooms. Some of the applicants further maintained that they were detained in conditions that violated basic hygiene requirements, and that they lacked access to appropriate sanitary facilities.

The Court found that the compensatory remedies made available by the Lithuanian authorities had been insufficient. It held that there had been a violation of article 3 (prohibition of inhuman or degrading treatment) in respect of four of the applicants, and made awards of pecuniary compensation accordingly.

• ZH and RH v Switzerland

This case concerned the asylum applications of two Afghan nationals who married in a religious ceremony in Iran when ZH had been 14-years old. The Swiss authorities did not deem the couple to be legally married, and considered their applications separately, resulting in the removal of RH to Italy after the rejection of his appeal. The applicants alleged that the expulsion of RH amounted to a breach of article 8 ECHR (the right to family life).

The Court held that article 8 of the Convention could not be interpreted as imposing on a member state an obligation to recognise a marriage contracted by a child, in view of article 12 (right to marry) which expressly provided for regulation of marriage by national law. At the time of the removal of RH to Italy, the Swiss authorities had been justified in considering that the applicants were not married. The Court therefore found no violation of article 8.

Hannah Lynes

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