Associate Professor @LSELaw | Criminal Justice, Human Rights, Public law | Alum @bristolunilaw @OxfordCrim @OxfordLawFac
London, Belfast
Joined January 2014
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Richard Martin retweeted
Over the summer I spent a day at Highbury Magistrates' Court, a looming brutalist structure on the A1 where smart Clerkenwell starts to bleed into the scruffier postcodes of north London. For seven hours in a series of stiflingly overheated courtrooms I watched the wheels of justice in action – or, as one hard-bitten defence solicitor put it, “the meatgrinder”.
I was there to try to get a sense of how the government’s proposed reforms to justice system – namely, moving thousands of cases from crown courts into magistrates’ courts in an attempt to deal with a spiralling backlog and unconscionable waiting times – might play out in practice. Since then, the reforms to curtail the right to a jury trial spear-headed by David Lammy under Keir Starmer have been watered down by Andy Burnham, who was a vocal critic of the plans at the time. The concept of judge-only trials has now been scrapped.
But the Courts and Tribunals Bill back in the Commons today (13 October) still contains the provision removing the right of many defendants in either-way offences (excluding the most serious offences like murder and rape, but assault, domestic violence, drug offences and burglary) to opt for a trial by jury and empowers the courts to send their case to the magistrates instead. It also increases magistrates’ sentencing powers, from 12 months (up from six months in 2024) to 18 or even 24 months, and could potentially enable them to hear cases where the sentence is up to three years.
This means that, despite the fanfare about Burnham and Justice Secretary Alex Norris saving jury trials, the core of Starmer and Lammy’s proposals remain. Under these plans, 25-30,000 cases, some incredibly serious, would move out of crown courts. Government figures suggest this would increase magistrates’ sitting days by 8,500 – 7.5 per cent a year – although experts warn this is an underestimate. To meet the demand, the government would need to increase the number of volunteer magistrates by 10 per cent a year.
So what does life currently look like inside a magistrates’ court?
Rachel Cunliffe: Magistrates' courts can't fix our justice deadlock newstatesman.com/politics/20…
Richard Martin retweeted
Imagine if the Executive parties treated the Lough Neagh scandal with even half the effort which they expended on Drumcree: Crisis meetings, emergency court cases, constant pressure - even breaking the law to achieve a goal. Instead, there's simply no urgency as the lough dies.
Factory farming is killing Lough Neagh – and despite Andrew Muir’s opposition to this, he’s incentivising it. Muir is a radically different minister - yet his ‘kill them young’ scheme is squeezing out traditional farming and encouraging US-style megafarms.
belfasttelegraph.co.uk/news/…
1/ PSNI has acted in spirit of 1998 Act, even if took 13 days - the Act removed police from decision whether parade/protest took place; up until now, it looked like that’s what they were doing each time they said yay or nae to OO attempts to march in evenings.
NEW: Statement from the Secretary of State for Northern Ireland Sir Chris Bryant MP:
“Everyone wants to see an end to the stand-off between the Portadown District Loyal Orange Lodge and the residents of the Garvaghy Road as soon as possible.
“I have spent the last fortnight trying to get a mutually acceptable agreement between the two sides, hosting several rounds of negotiations at Hillsborough Castle last week and maintaining frequent contact with both sides since then.
“Unfortunately it has not been possible to achieve a local resolution. I have therefore been intensively considering all options for bringing this dispute to an end.
“I don’t think anyone wants to see the stand-off continue into another weekend, with the consequent risk of protests spreading to other parts of Northern Ireland and the further deterioration of community relations. Nobody wants a return to the past, which is why people want this stand-off to end - and end soon.
“Earlier today the Chief Constable of the Police Service of Northern Ireland made an application to me under Section 9 of the Public Processions (Northern Ireland) Act.
“As required by law, I have now reviewed the initial determination made by the Parades Commission relating to the application made by the Portadown District for 27 September, 2026.
“I have consulted the Chief Constable and the Parades Commission.
“The Chief Constable has advised me that it would not be possible to enable the procession to happen without a major intervention which would carry an unacceptable risk of serious injury, disorder and a wider contagion effect across Northern Ireland.
“The Parades Commission have also advised me that ’While ultimately a matter for the courts to determine, the Commission is of the view that, in light of this current assessment by the Chief Constable, the original determination does not now have enduring legal effect.
“Consequently, and in the interests of wider public interest and safety, I’ve come to the conclusion that the circumstances under which that decision was made have now changed considerably.
“As a result, the procession cannot go ahead as it was determined.
“I have not taken this decision lightly. As the courts affirmed, the Portadown District had a lawful determination from the Parades Commission allowing the procession. I want to thank the Portadown LOL No 1 for their peaceful and law-abiding approach and their co-operation at all points with the PSNI.
“Respect for the rule of law is fundamental to our society and I am grateful to those who have behaved peacefully and legally and sought to ease tensions in their respective communities. Those who have acted unlawfully should face the consequences of their actions.
“I am also grateful to all those who took part in good faith in the negotiations at Hillsborough. I heard the concerns of people on all sides and I only regret that we could not reach a compromise on a way forward and that many residents across Portadown have felt anxious and worried.
“With this in mind, I call for all protests, rallies and demonstrations to be stood down. There is no excuse for a continued ratcheting up of tensions.
“The community in Portadown has been on the sharp end of intense attention for a number of weeks. It will take time to rebuild relations. The least we can all do now is give them breathing space. Looking ahead we will need to work together to help repair the damage that has been done and to resolve this issue.
"I will continue to do all I can to bring the community together over the coming weeks and months."
2/ As for PC: determination had “enduring effect” only in v.limited sense: it was tied to 1.5hr window on 27 Sept - any march thereafter would’ve required an amendment of its conditions by PC or SofS, on fresh assess of rights and risk. Now done: risk = no march.
For legal context: ukconstitutionallaw.org/2026…
For legal context of this decision: ukconstitutionallaw.org/2026…
PSNI Chief Constable Jon Boutcher has asked the secretary of state to review the Parades Commission determination allowing the Drumcree parade, BBC News NI understands. bbc.in/4yLpZ2o
1/ Is the Drumcree determination still "live"? It depends what "live" means. A determination doesn't permit a march. It imposes conditions on a notified procession (s.8(1)). There are four possible senses of "live" 🧵
10/ So the determination is spent as to anything it allowed, even if it formally survives. If its conditions still apply, an evening walk breaches them (s.8(7)). If they have lapsed, the walk is unnotified (s.6(7)(a)).