The final piece of this chunk of articles on the judiciary and independence focuses on the structure and make-up of the court system itself – how many courts there should be, what practical/structural things we would need to consider to improve access to justice and the different tiers of courts and tribunals.
Sometime early next year, the final set of posts on a Welsh Justice System will look at crime, punishment and rehabilitation.
Circuit Courts (the current Crown Courts)
The Circuit Court would deal with the most serious criminal cases, namely those to which the sentencing powers of the district courts are insufficient or serious enough to justify a jury trial.
The sentencing powers of the Circuit Court would effectively be unlimited (subject to sentencing guidelines).
Wales would probably need between 35-50 circuit judges, who – if they’re not already experienced Crown Court judges – would be promoted from the district courts after a few years of experience.
One point of debate would be whether there should be a single all-Wales circuit – meaning circuit judges go where they’re needed – or whether circuit judges should be assigned to one or two circuits and stick to them.
The only change I can immediately think of would be opening a Circuit Court for Mid Wales & the southern half of Meirionnydd at Aberystwyth Justice Centre (or possibly Llandrindod Wells), or a new-build.
The Thomas Commission recommended a new court for Cardiff. You would assume the Circuit/Crown Court would be the one that would be moved – that would presumably cost up to £20-30million for a new build.
You would also assume the Cardiff Circuit Court would be designated to hold the most high-profile and serious criminal trials in the same way as the Old Bailey in London or the Central Criminal Court in the Republic of Ireland.
High Court of Wales
The High Court of Wales would likely be based at the present Cardiff Crown Court – if it’s deemed suitable enough and if there’s a new Circuit/Crown Court for Cardiff build elsewhere.
The High Court of Wales would probably require between 15-30 full-time judges. It depends on the expected workload, but you wouldn’t expect a Welsh High Court to deal with as many cases per year as the High Court of Justice in London, so it would probably be towards the lower end.
Each judge would probably be assigned to a bench dealing with a specific area of law (i.e. civil, family, administrative law) and you would expect prospective High Court judges to have at least 5-10 years experience as a Circuit, Tribunal or District Court judge before being considered.
Court of Appeal
A Court of Appeal would probably be based alongside the High Court, but you could envisage it holding hearings all around the country at circuit courts as and when needed.
The Court of Appeal would be the last chance of appealing most cases unless it’s deemed important enough to go one step further to the Supreme Court.
The caseload would likely be the lowest of all of the superior courts, so it would require far fewer judges – probably as few as 10-12 – all of whom would be highly experienced (and probably only a few steps away from retirement). For that reason, there ought to be a conscious effort to promote from the circuit courts where possible to ensure “younger” voices are heard and to improve diversity.
Appeal Court judges would likely be assigned to a criminal or civil bench and hear cases in a bench made up of three judges.
