The courts should sit continually

Suggested clause:

All courts should operate a full five day week, year round, with the exception of normal public holidays.

Original wording:

At present courts sit in sessions which in total amounts to about half a year. This is not justice. The courts needs to function on at least a five day week throughout the year with the exception of normal public holidays. No one should be left on remand because the courts are not in sessionnor is it good use of court facilities to be left unused nor of public funding to keep people in prison awaiting trial.

edited on Apr 15, 2015 by Emma McNulty

Emma McNulty Apr 11, 2015

Dear Contributors,

We are now halfway through the refining phase and would like to remind you of the new features available to every contributor at this stage. Now, you can add, amend or withdraw votes already cast, and this is very important for us to ensure ideas truly reflect your preferences.

We would like contributors to please suggest ways that the idea owner can improve and refine this idea and would invite the idea author to think about how they wish to incorporate the comments made (including those in the previous stage) into their idea. Don't hesitate to message the facilitators (myself and Suki) if you have any questions about this stage of refining the idea. 

Best,
Emma

Emma McNulty Apr 15, 2015

As we near the end of this phase and there has been no clause suggested for this idea, I have incorporated the comments from the previous phase into the wording of this idea and would ask everyone to please comment further as to whether this would be a suitable clause. Please also remember to vote ideas up or down, particularly as we come to the end of this phase.

Tom Austin Apr 16, 2015

i suggest saying 'Lower Courts', as opposed to 'All courts', or maybe,

"The Administration of Justice shall take place in step with the general business timetable."

Ian Hodgson Apr 16, 2015

The lower courts ie in criminal courts already sit  through out the year it is the higher courts that don' t and lead to delays in the application of justice. Plus because there is a throughput of cases from the lower courts to the higher courts there is invariably a log jam because the higher courts are not sitting. This also leads on to the waiting time for a case to be heard- in Scotland it used to be the case that once charged the accused had to be brought to trial in  100 days- this would seem fair for the majority of cases. In England and Wales the accused could wait months on remand - whilst still in the eyes of the law they are innocent. On that basis I would have to disagree with you Tom.

Tom Austin Apr 16, 2015

I take your point Ian H, but still my suggested clause would still work, and yet perhaps leave the Supreme Court some non-sitting time for considering the more serious Constitutional matters.

Ian Hodgson Apr 16, 2015

When I say the courts to sit continually I include within that that judges may be deliberating on matters in their chambers whilst others are presiding in the courts -timetabled to make constant use of the courts estate. I take your point with the Supreme Court given the small number of supreme judges but it should be reasonable to expect the them to work a normal working year like the rest of us.

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