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The Times
September 26 2000
Gareth Williams outlines the steps the Government has taken to smooth the introduction of the Act
Fairness without chaos
We are now days away from implementation of the Human Rights Act. The main forum for challenges, at least in the first instance, will be the criminal justice system. Will the predictions of some that there will be chaos in the courts, as wild and unmeritorious points are upheld, come true?
The experience in Scotland suggests that this is unlikely. The courts in Scotland have been dealing with the Convention since May 1999; 98 per cent of European Court of Human Rights challenges there have failed, and indeed have been disposed of quickly, although perhaps inevitably it is the successful challenges that have attracted attention. Of the successful challenges, most have concerned delays in bringing cases to trial, rather than fundamental attacks on legislation.
Against this, there is no doubt that the volume of points that will be taken in the courts in England and Wales will be much greater, simply because the number of cases overall is higher. So the biggest issue is whether the system can cope with the strain. It is here that the quality of the preparatory work in the past two years will be tested. There has been a huge amount of activity. In the Crown Prosecution Service, all legal staff have undergone three days' intensive training, supplemented by regular bulletins, and they have been given a comprehensive manual which explains and analyses the case law in the most likely areas of challenge and anticipates the arguments that prosecutors may face. This training and guidance has been made available to other prosecutors. The DPP has made plain, with my full support, that he will instruct only members of the Bar who have also been fully trained - and they have responded enthusiastically.
On a wider front, an interdepartmental group, chaired by an official from my department, has been co-ordinating the preparations for handling human rights points in criminal proceedings. It has prepared a booklet for prosecutors providing a brief resumé of the arguments in favour of the compatibility of specific legislative provisions that are most likely to be the subject of challenge. It also contains suggestions for structuring responses to challenges in court. The arguments set out in the booklet are not developed in a sophisticated way, but they do serve the needs of the advocate on his feet who, faced with an argument at short notice, needs key, succinct points to make. They will also assist prosecutors in providing a consistent response. The document is available on my department's website.
The group has also established a fast-tracking system to identify cases that need early resolution by the appeal courts - those that will have a wide impact or raise points that need speedy determination - using the ability of the Crown Prosecution Service, other prosecutors and the courts to provide information from around the country. It will make this information available to the judicial authorities responsible for listing. And from now on the group will monitor the key cases, marshal the arguments for the appeal hearings, analyse the judgments that follow and send out advice to prosecutors on handling the consequences for other prosecutions.
Quite separately, the courts themselves are prepared. Judges and magistrates have undergone the biggest ever court-training programme and money has been set aside for additional court sittings and legal aid. So we are as prepared as we can be. But none of this leads to the conclusion that the impact of the new Act will be non-existent. Successful challenges will be made, which will lead to changes for the better because we should be ready to learn from these challenges and be prepared to improve our laws and procedures.
The Act will be the key to promoting a culture of respect for human rights for all people, not particular groups or vested interests. Victims and witnesses will benefit, as will defendants. With the time that we have been given it has been possible to ensure that these points will be properly argued and adjudicated - anything less would have been unforgivable.
- Lord Williams of Mostyn is the Attorney-General. Websites: www.lslo.gov.uk; www.open.gov.uk/lcd; www.homeoffice.open.gov.uk (Update 08/02/08 - This web site no longer exists.)
