Shropshire Star

Shropshire legal expert hits out at court case move

Plans to send all criminal custody court cases out of the county have been criticised by solicitors.

Published

Legal specialist Stephen Scully, associate solicitor advocate at Lanyon Bowdler, which has branches across the region, said the decision was likely to signal the end of a criminal court in Shropshire.

Remand cases currently at Telford Magistrates Court are expected to be centralised in Kidderminster, following consultation by the courts and tribunal service.

In total there were 62 responses to the consultation, which finished in August.

In a report released earlier this month, the Ministry of Justice revealed that reaction to the plans was mixed.

But despite the issues raised by those that responded, the Ministry of Justice still suggests that remand cases are heard at Kidderminster.

“The Ministry of Justice has pretty much ignored all of the responses to the consultation, which were overwhelmingly against the proposals,” Mr Scully said.

“I said when the proposals were first announced that without custody remands being held at Telford, the likelihood is that anybody who is at risk of receiving a custodial sentence will have their case transferred to Kidderminster, to save costs and time as prison staff will no longer be required at Telford.

“Our main issue with moving cases to Kidderminster is the distances involved, especially for people living in the west of Shropshire towards Wales.

“It’s a two-hour train journey from Gobowen, near Oswestry, to Kidderminster and even longer from Whitchurch.

“Now that the police do not bail suspects, the scenario I envisage of people being arrested on postal requisitions is happening and will only get worse."

Mr Scully said that the move could increase the cost of the service for taxpayers.

He said: “Ultimately the taxpayer picks up the bill of ferrying prisoners up and down the country, so any perceived savings in reducing the courts won’t necessarily work.

“Finally, once a person is arrested, the police, who are already under pressure financially, will have to house prisoners, many of whom are vulnerable or have addiction issues, until the prison van can get to them.

“Nurses and doctors may have to be called to prescribe medication, or prisoners may have to be taken to hospital whilst waiting longer than they would have had to, which all adds up to a major waste of resources.”

In its report on the consultation, the Ministry of Justice said although travel might be difficult, it has already been considered for the recommendation.

The report says: "The potential distances involved have been a factor in determining the choice of venue. This is not an issue for those remanded in custody.

"Access to justice is not just about proximity to courthouses. Jurisdiction is based not upon where defendants live but usually upon where the offence is committed.

"This can therefore involve significant travel for those on bail as well as those in custody irrespective of any proposed change to where cases are listed.

"The objective of these proposals was not to save money, but rather to better utilise finite resources with a view to achieving improvements in the administration of justice.

"The Judicial Business Group does not believe that implementing these proposals should result in an overall increase to the costs of hearing these cases."