Ymgyrch Senedd i Gymru / Parliament for Wales Campaign

BGW2 EV15

Better Governance for Wales

Judicial devolution based on the new Welsh Primary Legislation procedures

The increase in legislative powers will obviously create for Wales a legislative system that increasingly differs from that of England. This will need to be reflected in the judicial process , which in turn will have to be adapted for Wales from that that currently exists When the Royal Commission on Assizes and Quarter Sessions (The Beeching Commission) published its report on the reorganisation of the courts in England in Wales, it was envisaged that one of the reasons for retaining the Wales & Chester Circuit was the likelihood of administration and government in Wales being devolved to a Welsh government at some future date.

The present position is the staff that runs the courts deal with the High Court, Crown Court and County Court business are part of the Courts Service Agency. (CSA)

It is with staff of the CSA that members of the public first come into contact when involved in litigation and it is with them that the public maintain contact during the stages leading up to it and even during the trial. The PFW Campaign would like to see the staff and work of the CSA to be transferred to the Welsh Civil Service and that staff working on behalf of the CSA in Cheshire be transferred to the Northern Circuit.

The judiciary, on the other hand, should remain under the 'umbrella’ of the Lord Chancellor for England & Wales who will continue to be in charge of judicial appointments subject to consultation and approval with the minister in the National Assembly Government responsible for Justice. There should also be established a Welsh section of the Supreme Court of Legislature for England and Wales. This section or court to be known as the Court of Great Sessions for Wales.

There is ample accommodation available for the Court of Great Sessions in Cardiff and in Mold. There is a precedent as it occurred in Cardiff before at a time when the amount of work being done by the Court of Appeal was much lighter than at present.

The transfer of the functions of the Lord Chancellor’s Department in matters relating to the administration of Magistrates courts and of the Home Office in matters relating to prisons and penal establishment, the probation service and the police should also be transferred to the Welsh Civil Service. It is anticipated that the funding currently given to the Home Office will reflected in an adjustment to the Welsh block grant

Dr.Russell Deacon

Chair, PFW Campaign