Review calls for devolved justice in Wales

The Welsh Assembly should wrest control of justice, policing and prisons from Westminster, a commission led by the former lord chief justice of England and Wales has recommended.

The blueprint for the future of justice in Wales said the people in Wales are “let down by the system in its current state” and makes 78 recommendations for reform.

This includes the creation of a new justice department of the Welsh government, led by a cabinet minister, and the establishment of a separate judiciary for Wales up to the level of the court of appeal.

The report also calls for the Supreme Court in England to have to appoint a justice with knowledge of the Welsh laws in the same way it chooses Scottish and Northern Ireland judges.

A criminal legal aid system run on ‘Nordic’ public defender lines should be established, the report said, and legal aid and third sector advice funding in Wales should be combined in a single fund and controlled by an independent board.

The 556-page report – Justice in Wales for the People of Wales – was published by the Commission on Justice in Wales which has been conducting a full-scale review since it was set up by the Welsh government in 2017.

Commission chair Lord Thomas of Cwmgiedd said: “Justice should be determined and delivered in Wales so that it aligns with distinct and developing social policy and a growing body of Welsh law. The way that responsibilities are split between Westminster and Cardiff has created pointless complexity, confusion and incoherence in justice and policing in Wales.”

Wales has been hit hard by swingeing cuts made to justice funding over the last decade. This has contributed to the number of civil and family legal aid solicitors in Wales dropping by 35 per cent. Legal aid advice offered by third-sector organisations, meanwhile, is now nigh on non-existent.

Lord Thomas said: “Expenditure by the London government on the justice system in Wales has fallen by a third since 2009-10. Although funding by the Welsh government and local authorities makes up some 38 per cent of total justice expenditure in Wales, the Welsh government only has a very limited role in formulating policy.”

Other recommendations made by the review include: creating family drug and alcohol courts for Wales; raising the age of criminal responsibility from 10 to 12; examining the possibility of a low-cost ombudsman scheme to sort out civil disputes; and pushing South Wales as a legal centre.

Welsh law should be ‘formally identified’ as the law of Wales and taught to undergraduates, the report said, and the equality of the Welsh language, including in professional exams, should be promoted.

A separate Welsh legal profession would not be desirable, however, the report said, as it would complicate matters for solicitors operating cross-border. “The present system where legal practitioners can practise in England and Wales and the legal professions are jointly regulated should be continued”, it concluded.

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