England: Lord Thomas calls for reform of unjust secret hearings

Lord Thomas of Cwmgiedd said that the single justice procedure (SJP) is unfair.

As many as 40,000 cases a month are now decided in private, often by a single magistrate and without the defendant appearing in court, under SJP.

The procedure, introduced to fast-track low level offences including non-payment of television licences and speeding, is leading to miscarriages of justice.

A judge ruled last week that up to 75,000 convictions for rail fare evasion would have to be overturned after it was revealed that the the SJP system had been misused for seven years.

Lord Thomas, who was lord chief justice when the single justice procedure began to be used in 2015, said: “It appears – from the discussions that I’ve had – to be slightly tilted against fairness and making certain that time is properly taken to deal with these cases.”

He added that it was deeply troubling that mitigation letters from defendants were being ignored.

“The magistrate and the prosecution ought to have time to read it and consider it,” he said. “You should never convict someone in a conveyor belt system.”