HOJA DE ESPECIFICACIÓN DE EQUIPOS N°

The statistics reflect a steady rise in recorded crime since the 1950s to the present time. For instance, the average increase in crime from 1960 to 1985 has been between six per cent and seven per cent.^ For the period 1985 through 1989 the yearly average increase of offences recorded was five per cent. Between the period June 1989 and June 1990, 4.2 million offences were recorded which was 466,000 or thirteen per cent more than the previous year.^ The 1991 figures for commission of offences and the clear-up rate showed increases.^

This increase in crime has obviously led to a rise in the receipts of Crown Court cases. During the period 1986 to 1991 committals only increased from 87,573 to 102,9540.^ However, the number of cases received in the Crown Court in the year 1988 showed a marked decrease when compared with those of 1989. This was due to a reclassification of certain either- way offences as triable summarily, by virtue of the Criminal Justice Act 1988, Chapter 33. In 1990, as compared with 1989, there was a four per cent increase in cases for trial in the Crown Court.6 Notwithstanding, disposal increased at the same rate.

H. C. (Hansard) (Nov. 7, 1985) vol. 86, c.131.

H. L. (Hansard) (1990-1991) m.523, 28.

H. C. Home Affairs Committee Session (1988-1989), Fourth Report 314, para. 42.

Court Service Annual Report, Lord Chancellor's Department (April 1990 - March 1991) para. 6.3.

Judicial Statistics Annual Report, 1990, Lord Chancellor's Department, cm.1573 (HMSO) p.58, para. 19.

The disposal rate in the Crown Court showed an increase from an average of 0.85 cases per day in the year 1979 to 1.40 cases in the year 1988.^ Disposals during the period 1990 to 1991 increased by 1.2 per cent, although 'cracked' trials adversely affected the throughput of cases.® 'Cracked' trials led to an underutilisation of court time because of the late change of plea from not guilty to guilty which prevented the introduction of a new trial matter. It is interesting to note that the guilty plea rate decreased from 64.7,per cent in the year 1989 to 63.2 per cent in 1991. This should have affected the disposal rate but due to a reduction in the average length of trials, there was an increase in the disposal rate.

The average waiting time between charge and committal to the Crown Court has also increased. As regards paper committals, the average waiting time rose from seventy-three days in 1985 to ninety-one days in 1988. It increased from one hundred and ten days in 1985 to one hundred and forty one days in 1988, for full oral inquiry.*

For the year 1988, the overall average waiting time from committal to trial for accused persons remanded in custody was 9.9 weeks. During that year, the average waiting time in London for accused persons remanded in custody was 16.6 weeks. However, during the period 1990 to 1991 the waiting time for custody cases in London was reduced to 13.2 weeks, "the lowest for over fourteen y e a r s . F o r the period 1990

7 8 9 10 11 Supra note 4.

Supra note 5, para. 6.13.

Supra note 4.

Supra note 4.

to 1991, the national average waiting time for accused persons remanded in custody was 10 weeks. It was 12.8 weeks for accused persons remanded on bail. National average waiting time was held at the same level during the period 1989 to 1990.^

In some instances, the number of appeals has also increased. In 1988, about 1.5 million accused persons were sentenced by magistrates and the rate of appeal in the same year against the sentence of magistrates was estimated at 0.6 per cent. In that year also the Crown Court disposed of some nine thousand three hundred appeals against sentence imposed by magistrates.

For comparative statistics of Crown Court, receipts of appeals for period 1988 to 1991, see Table Vlll below.

TABLE VIII

*Crown Court - Appeals

Year Receipts Disposals Pending

1988-89 17,000 16,000 3 , 000

1989-90 17,500 16,500 3,500

1990-91 17,750 17,500 4,000

*The above figures are approximations.

12

13

14

Supra note 5, para., 6.12. See also Judicial Statistics Annual Report 1990, Lord Chancellor's Department, cm.1573. (HMSO) p.58, para. 19.

Criminal Statistics, England and Wales, 1988, cm.847 (HMSO).

For the year 1988, a total of ninety eight thousand accused persons were sentenced by the Crown Court. The rate of appeal against the Crown Court sentences in that year was about six per cent. The number of appeals decided by the Court of Appeal, for the period, being appeals against sentences imposed by the Crown Court was about five thousand six hundred.

For the year 1989, a total of 7,076 applications and substantive appeals were registered in the criminal division. Compared to 1989, the number of applications for leave to appeal and substantive appeals registered in the criminal division in 1990 was 6,307, a drop of 769 cases. Although the disposal rate fell in recent years, in 1990 it rose by

four per cent.

As far back as 1967, the average waiting time for appellants was twenty-one weeks. In recent times, the average waiting time has decreased. The average waiting time for appellants within the year 1990 was higher than 1989. The average increased from 0.4 weeks to 8.8 weeks. The year 1991 saw no change in the overall waiting time. However, the overall workload continues to increase. Michael Beckman and Charles Taylor stated that an appeal to the Court of Appeal Criminal Division can take a minimum of two days before it is heard. However, "A gap of almost a year between trial and appeal is

15 16 17 18 19 Supra note 13.

Supra note 6, p.58, para. 11.

Ibid., p.58, para. 15.

H. C. (Hansard) (1966-1967) vol. 751, c.50.

Supra note 6, p.58, para. 20. See also Annual Abstract of Statistics, Central Statistical Office, 1992, no. 128.

not unheard of."20

The year 1992, up to the present time saw further growth in the criminal workload.

Delays in the criminal courts in England is not a recent phenomenon. However, in the recent past delays or waiting times, in the Crown Court are excessive in view of the Crown Court eight weeks rule and targets set by the Lord Chancellor's Department concerning waiting time. The statistical profile so far indicates an increase in the criminal business of the courts. Although the waiting time has decreased in some instances, the increase in receipts of committals for trials and appellate cases has caused a backlog of cases. This is so, notwithstanding an increase in the disposal rate during certain periods.

Committees, commissions, working parties and other bodies have been appointed over the years to investigate the problem relating to caseloads and waiting times and recommend ways of expediting the trial process. Some of these recommendations have since been given legal recognition.

Efforts are always being made to keep waiting time at a minimum and to seek new methods of increasing the disposal rate and reducing late change of plea. For instance, some courts adopt a method of 'floating cases', by which means cases are listed but not assigned to a particular court. Also, to deal more effectively with the problems which have militated against the speedy disposition of cases,

20 _{"Appellate Justice-Unsafe and Unsatisfactory?" ,[1989] 139}

'trilateralism' is now perceived as a goal.21

Compared with other jurisdictions, the average waiting time in England does not seem unduly long. Some jurisdictions are experiencing waiting times of considerably longer periods. The reform approaches which have been implemented in England have in some instances given rise to speedier trials. Eight of these methods will be discussed.

SOME ENGLISH REFORM MEASURES