by TheJusticeofthePeace @ 24.
Nov. 2010. – 16:07:58
The Justice Department and its
ministers are at it again in repeating the mantra oft uttered in the last three
months that magistrates` courts` utilisation rates at a current 64% must be
increased to 80%. Their thinking seems to be that if all the current workload
is squeezed through fewer courts the utilisation rates would somehow increase
to the nirvana of 80%. Without going into the principles of eg water pressure
through pipes of varying diameters or voltage, current and resistance the
ministers are talking nonsense. Returning to the plumbing analogy if low water
pressure [low utilisation rate] is caused by poor turbine efficiency at a
pumping station no reduction in pipe diameter [increased utilisation rate] is
going to improve the amount of water at the tap in the kitchen. Only the
pressure will increase; not the amount flowing through.
I have no reason to doubt the
figure of 64%. I have many reasons to be sure that court closures will not
increase that figure to 80%. The result will be a lengthening of the time taken
to process court lists. So many agencies are involved in taking a case to court
that to consider court closures can increase efficiency is barking mad. Only
structural reform of these agencies and their terms of service will produce
results. An example is the much vaunted CJSSS…..criminal justice simple,
speedy, summary where all involved CPS, courts and magistrates are all supposed
to be well prepared with full knowledge of all cases on the day. A happy slappy
slogan was attached by some bright sparks in Whitehall to what should be normal
presentation of cases to any remand court in the country. I sat on such a court
a couple of weeks ago having been required to arrive a half hour earlier than
usual for preparation and the CPS dedicated case worker……..or should that
nomenclature now be assistant prosecutor…………….was at her wits end looking for
files which had not been given to her, which were incomplete or were ambiguous
insofar as notes did not correspond with actions or the court file.
I copy below a parliamentary
question and answer of November 23rd which demonstrates this government`s
reliance on the holy grail of utilisation.
Alan Beith (Berwick-upon-Tweed,
Liberal Democrat)
What steps are Ministers taking
to ensure that savings do not simply become higher costs for other Departments
or other parts of their own Department, whether in the context of magistrates
court closures, which adds to police costs, or changes in the legal aid system
that generate demand for expenditure elsewhere? Is there a mechanism for
assessing how costs will fall elsewhere?
• Hansard source (Citation: HC
Deb, 23 November 2010, c149)
Nick Herbert (Minister of
State, Justice; Arundel and South Downs, Conservative)
I agree with my right hon. Friend about the importance of ensuring that what he
describes does not happen, but he will know that there is significant
under-utilisation of magistrates courts. That is why we have had to take this
action in consulting about closure, not least in relation to the Tynedale
magistrates court, which is adjacent to his constituency in Northumberland and
which is operating at a utilisation rate of only about two thirds.
Once again the alibi of
utilisation is brought forth as reason for closure. Bah Humbug!
ADDENDUM 11TH JULY 2025
Freedom of Information Act (FOIA) Request – 230505033Thank you for your request dated 5th May 2023 in which you asked for the following information from the Ministry of Justice (MoJ):Utilisation rates averaged 64% across the magistrates courts in 2010. Courtroom utilisation is the time a courtroom is used, against the hours that a courtroom is available for use. The Government's aim that year was to increase utilisation of courtroom time to at least 80%. What is the current utilisation rate?Your request has been handled under the FOIA.The information you seek is not held in the form requested.The Magistrates’ Courts are undergoing a transition to a new data and information system called Common Platform. Each court has a system (either legacy, or Common Platform when transitioned) for viewing the availability of its rooms and reserving them. There are some measures available centrally to show the total number of available court rooms, but at present the detailed records of actual use needed to calculate the utilisation rate you seek are not available.Appeal RightsIf you are not satisfied with this response, you have the right to request an internal review by responding in writing to one of the addresses below within two months of the date of this response.data.access@justice.gov.ukDisclosure Team, Ministry of Justice,You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning their investigation.Yours sincerelyKnowledge and Information Liaison Officer
Finance, Governance and Performance Directorate, His Majesty’s Courts and Tribunals Service (HMCTS