The defence of the rights of the people
One of the prime responsibilities of government is the defence of the rights of the nation's citizens. This means protecting their right to live free of fear and crime. It also means defending their right to freedom, to privacy and to proper justice. There is a fine line between properly defending the public good and improperly violating a person's right to liberty and privacy. The courts and Parliament have a major role in arbitrating this relationship, as does an independent legal profession.
Judiciary and the courts
An independent judiciary is the mainstay of the rule of law. The Judicial Appointments Commission (JAC) has performed excellent work in recent years to establish an independent process of judicial appointment based solely on merit. The conditions to build on this work must be guaranteed.
The Law Society calls on all parties to commit to:
- The continued independence of the JAC in the way in which it conducts its work;
- Limiting the role of the executive in the appointment of judges and the appointment of the members of the JAC.
Human Rights Act
The Human Rights Act has been subject to considerable criticism since its passage in 1998. The Society believes that much of this has been unfair and unjustified and that the principles on which the Act is based should be maintained. Notwithstanding this, there are additional aspects of the common law tradition which are not enshrined as core rights, such as trial by jury. Consideration should be given to securing these rights within UK law.
Volume of legislation
In recent years, the UK criminal justice system has been subject to a constant barrage of new legislation and offences. A more cautious and structured approach to criminal justice is required to prevent the criminal justice system and the police force becoming overstretched and over-whelmed by a constantly changing criminal code.
This expansion of criminal law in recent years has criminalised an increasing proportion of the population and further disrupted the balance between the power of the state and the freedom of the individual. The Society also maintains serious concerns over information storage and the increasing use of surveillance.
The Law Society calls on all parties to commit to:
- Supporting the principles enshrined in the Human Rights Act;
- The maintenance of the right to trial by jury;
- Reviewing the current focus on 'out of court disposals' - such as fixed penalties, police cautions and conditional cautions - in order to ensure that serious crimes are not addressed in this way;
- Supporting an open coroners system in which all inquests are held in public;
- Calling for a national debate about the proper balance to be struck between surveillance and the privacy of citizens.