Wales’ justice system “on its knees” after years of “chronic underfunding”

The criminal justice system is in disarray due to years of chronic underfunding, the Welsh Government’s chief legal adviser warned.

Julie James, who was appointed counsel general in September, pledged to pursue more powers from Westminster, beginning with the devolution of probation and youth justice.

Ms James warned of major problems in the justice system as she was quizzed at her first counsel general questions in the Senedd on October 1.

She said: “I am particularly concerned by the length of time it is taking for some cases to come to trial, and the small and shrinking number of people providing vital legal services across Wales, including criminal justice provision – which is a real, real issue.

“Juries are adjudicating on trials where the ‘crime’ has been committed five-six years past, and the idea that the evidence in those cases is anything other than flawed at that point, is a real problem for victims and for accused alike.

“So, we have some serious problems here.”

‘Legal desert’

Delyth Jewell, deputy leader of the Plaid Cymru group, expressed concerns about Wales becoming a “legal desert” with people having difficulty accessing essential services.

Ms Jewell raised a paper by the Law Society, entitled Reimagining Justice in Wales 2030, which found that free municipal legal aid has fallen by 50% since 2009.

She suggested the justice system is calling out for direction and vision as she questioned progress against the recommendations of the justice commission led by Lord Thomas.

Ms James said the UK Government inherited a chronically underfunded system and must prioritise the most critical elements first.

The former solicitor said the Law Society’s report painted a familiar picture, with urgent challenges facing the justice system across Wales and England.

‘Not right’

Rhys ab Owen, who sits as an independent, warned that parents and families subject to supervised child contact orders are having to pay to see their loved ones.

Raising concerns about emotional trauma, he said some parents in Cardiff pay up to £120 an hour to see their child while waiting for years in the justice system.

“This inequality is just not right…,” he told the Senedd. “This is bound to create parental alienation [and] an adverse childhood experience.”

Ms James stressed that the Welsh Government has no involvement in the running nor regulation of child contact centre providers which are independent.

She acknowledged concerns about affordability but pointed out that family justice is reserved to Westminster, describing it as a “ragged” edge of devolution.

Family courts

Mr ab Owen asked about a family drug and alcohol court pilot in Cardiff, an alternative family court for care proceedings that offers specialist support.

The former barrister said a circuit judge sitting in the family court in Cardiff gave an example of the tragic impact of the end of the pilot a year ago.

Mr ab Owen said the judge described a mother, who had a traumatic upbringing and had been in an abusive relationship, as visibly thriving with a new lease of life.

But her life deteriorated as the pilot ended and her child was adopted, with Mr ab Owen warning: “We have let down that mother and child.”

Jane Dodds, the Liberal Democrats’ leader in Wales and a former social worker, agreed that the pilot’s abrupt end had a “devastating” human cost.

Ms James said the Welsh Government will seek to take forward the findings in a sustainable and cost-effective way, committing to an update on the pilot by the end of the year.

Perinatal deaths

Cardiff Central MS Jenny Rathbone raised concerns that coroners do not have jurisdiction to conduct an investigation concerning a foetus or stillborn child.

She said: “The justice system is on its knees and parents who have suffered the tragedy of the loss of a child in the first year of life are amongst the victims of this inadequate system.

“It can take months even for an autopsy – nevermind an inquest, the resolution of which is essential to enable closure.”

Ms James told the Labour backbencher that any decision to extend inquests to include perinatal deaths rests with the UK Government.

The counsel general said from the beginning of October all deaths, including neonatal deaths, in the health service where there is not an inquest will be reviewed by the NHS.

By Chris Haines, ICNN Senedd reporter