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Civil Justice would not wish a lawsuit on anyone, yet taking up the cudgels is often the only way to get or to preserve one's rights. Does one want more of it or less of it? I find myself unable to answer that question. 50
3. Criminal Justice Criminal justice encompasses a vast ramshackle system (if system is the word) involving a great variety of institutions and professions. They include the police, the Crown Prosecution Service, barristers and solicitors in private practice, courts, judges and magistrates, the probation service, the prisons and a variety of other penal establishments. Public expenditure on criminal justice currently runs at some £12 billion annually. 1 Not that all this does much to deal with the problem of crime. According to official Home Office figures for crimes against individuals and their property, of 100 offences committed, only 45 get reported to the police, 24 are recorded by the police, five are cleared up by the police, and just two result in a conviction. 2 So the criminal courts touch only the fringes of the problem of crime. Perhaps this is less surprising when one considers that there is no basis for a sentencer to believe that he or she knows what sentence will work in terms of reducing recidivism. Statistics show that a depressingly high proportion of defendants are reconvicted within a couple of years or so of completing their sentence, regardless of the sentence. 3 Custodial penalty or non-custodial penalty, statistically it seems to make little difference. 4 Some offenders cease offending, or at least they are not reconvicted, which is not necessarily quite the same. Thus a court that passes sentence has no sound basis for predicting how the sentence it imposes will affect the individual defendant. 1 Digest 4, Information on the criminal justice system in England and Wales, Home Office, (1999) p. 69. In 1993/1994 it was £9.4 billion (Digest 3, ibid., p. 68). 2 ibid., pp. 27, 29. 3 For those commencing community penalties or discharged from prison in 1994, about 70 per cent of offenders under 21 were reconvicted within two years. For those between 21-24 it was 62 per cent, for those between 25 to 29 it was 52 per cent and for those aged 30 or over it was 38 per cent [ibid., 1999, p. 61). 4 ibid., p. 60. 51
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THE HAMLYN LECTURES THE STATE OF JU
Page 5 and 6:
THE HAMLYN LECTURES FIFTY-FIRST SER
Page 7 and 8:
THE STATE OF JUSTICE by MICHAEL ZAN
Page 9:
TABLE OF CONTENTS Contents The Haml
Page 12 and 13:
The Hamlyn Lectures 1960 The Common
Page 14 and 15:
The Hamlyn Lectures 1987 Pragmatism
Page 16 and 17: The Hamlyn Trust The Trustees are t
Page 18 and 19: Justice and Access to Justice parts
Page 20 and 21: Justice and Access to Justice One m
Page 22 and 23: Justice and Access to Justice Chanc
Page 24 and 25: Justice and Access to Justice Macka
Page 26 and 27: Justice and Access to Justice topic
Page 28 and 29: Justice and Access to Justice funde
Page 30 and 31: Justice and Access to Justice money
Page 32 and 33: Justice and Access to Justice A per
Page 34 and 35: Justice and Access to Justice The C
Page 36 and 37: Justice and Access to Justice how t
Page 38 and 39: Justice and Access to Justice to pr
Page 40 and 41: Justice and Access to Justice see n
Page 43 and 44: 2. Civil Justice Civil justice conc
Page 45 and 46: Civil Justice occurrence realises t
Page 47 and 48: Civil Justice In trying to understa
Page 49 and 50: Civil Justice act was, to say the l
Page 51 and 52: Civil Justice The small claims juri
Page 53 and 54: Civil Justice shows how far away we
Page 55 and 56: Civil Justice Some changes seem per
Page 57 and 58: Civil Justice to increase fairness
Page 59 and 60: Civil Justice has always had the ri
Page 61 and 62: Civil Justice procedural judge. As
Page 63 and 64: Civil Justice "The decision to redu
Page 65: Civil Justice thousands of personal
Page 69 and 70: Criminal Justice In my first lectur
Page 71 and 72: Criminal Justice system for trainin
Page 73 and 74: Criminal Justice For me that is a p
Page 75 and 76: Criminal Justice defendant's liveli
Page 77 and 78: Criminal Justice because they are d
Page 79 and 80: Criminal Justice the prosecution's
Page 81 and 82: Criminal Justice fundamental issue.
Page 83 and 84: Criminal Justice The system has a v
Page 85 and 86: Criminal Justice Baldwin thought th
Page 87 and 88: Criminal Justice for the Runciman C
Page 89 and 90: Criminal Justice management were to
Page 91: Criminal Justice focus is keeping o
Page 94 and 95: Human Rights Bill of Rights is not
Page 96 and 97: Human Rights political issues shoul
Page 98 and 99: Human Rights Schedule, as the "Conv
Page 100 and 101: Human Rights volume of learned writ
Page 102 and 103: Human Rights process. A "Henry VIII
Page 104 and 105: Human Rights 160 per year. In 1998
Page 106 and 107: Human Rights need to be considered
Page 108 and 109: Human Rights courts would presume t
Page 110 and 111: Human Rights The Supreme Court of C
Page 112 and 113: Human Rights whether or not one has
Page 114 and 115: Human Rights litigation experience.
Page 116 and 117:
Human Rights Home Affairs Committee
Page 118 and 119:
Human Rights bench for a considerab
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INDEX ADR, 36-38 Access to Justice
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Index Mackay, see Lord Mackay Magis
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FREEDOM, LAW AND JUSTICE By The Rt.
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