TIM SWIFT, president of the island’s law society argues in this special report that we must protect our legal system in the Isle of Man . . . and its reputation

It is certain that at one point in your life, you or someone you know or love will be in a criminal court room; whether it is as a juror, a victim of crime, a witness or at the back of the court pleading your innocence, flanked by security guards taking you down to the cells.

Our courts dispense criminal justice. This means changing lives forever.

The process and a court’s judgment can tear lives apart. Families can be broken, children separated from their parents and people locked up for years.

A miscarriage of justice can leave the aggrieved confined, metaphorically or literally.

When people talk about the criminal justice system, we are often met with understandable complacency.

This makes their first immersion in the criminal justice system so shocking as they realise not only how they strongly disagree with the way in which our society prioritises and dispenses justice, but how, whilst outside the court room door, it is too late to do anything about it.

failed

Defendants, victims, and ultimately society in the UK appear to be being failed daily by an entrenched disregard for the fundamental principle of fairness.

We do not want to go the same way in the Isle of Man. We never want to risk moving from a criminal justice system to simply a criminal system.

This would risk both the accused and victims facing injustice if people are not provided with free, experienced and independent defence advocates.

In the UK, when the courts upheld government initiatives to deprive the wrongly accused their legal fees, there was no clamber, just a deafening silence. In the UK if the criminal justice system were the Health Service, it would never be off the front pages. As it is, it is swept under the carpet as the general view is that criminals get what they deserve. The reality is that whoever you are, it matters.

Everyone should be aware that there is one thing true about criminal justice, it doesn’t discriminate.

reeled in

Anyone can be reeled in. If you are, whether you are giving evidence against the man who hurt your child, or telling a jury that the pedestrian who stepped out in front of your car did so without looking, giving you no chance to avoid a fatal accident, you want the system to work.

The reality is that whoever you are, it matters.

The defence serves to protect the innocent, protect the public and protect the inner integrity, decency and humanity of our society. Criminal justice is not a luxury; it is the life blood of a democracy.

The reality is that whoever you are, it matters.

proud

We on the Isle of Man should be proud of our criminal justice system and must never risk going the way of the UK.

The English Law Society is launching an urgent campaign to fix the ‘broken’ criminal justice system in the UK. They say that the chances of a fair trial are diminishing and the system is functioning so poorly that it is affecting the country’s international reputation.

The English Law Society’s president, Simon Davis, has said: The reputation of our justice system – one of England and Wales’ most precious assets – is in great danger at a time when the country needs it most.

‘Justice and the rule of law are key exports for the UK – but their integrity depends on the whole system working effectively. Years of neglect have heaped colossal pressure on the whole system and those who work hard in it.

‘The right to a fair trial is at the heart of a democratic society and sets Britain apart from authoritarian regimes the world over.

‘In our country people are innocent until proven guilty after a fair trial – yet those accused are forced to go through a frequently unfair and nightmarish journey through the criminal justice system regardless of whether they are guilty or not.

‘This is something we should all care about because crime can affect everyone at some point in their lives.

‘For a democracy to function properly, the rule of law needs to be enforced. The rich and the poor should have equal justice, and cases should be resolved quickly and effectively to allow victims to see justice done and to return to their everyday life and focus on their recovery’.

Mr Davis then goes on to say: ‘The fabric of society is built around legal rights and obligations. These are what British values are based on and should be a cause of pride. By allowing our criminal justice system to crumble like this, we are disregarding and undermining centuries of progress. Without urgent action from the government the system will fall apart’.

reputation

Thankfully, in the Isle of Man, we are not in the same position as they are in England and Wales. We do not want to go there. It is pleasing to know that the Treasury has put access to justice as the central plank of their review of legal aid. This is as it should be.

However we in the Isle of Man, perhaps even more so than the UK, rely on our international reputation for our prosperity, it pays for our schools and hospitals.

We must do nothing to tarnish it.