Justice system should be devolved in Wales according to report

The justice system should be devolved to Wales for the country to run its own courts, legal system and policing policy, according to a major new report.

The Justice Commission, which was appointed by the Welsh Government, recommended Wales to have its own court system, up to and including a Court of Appeal.

It also calls for policing, drug and crime reduction policies to be determined in Wales.

The move would end the centuries old England and Wales legal system.

Among the other recommendations are:

  • Criminal age of responsibility raised to at least 12 years of age

  • Legal aid designed and delivered in Wales

  • Creating a Justice minister and department in the Welsh Government.

The devolution of justice would require the approval of the Government in Westminster.

At the moment Scotland and Northern Ireland have their own separate legal system, courts and judges. Since the time of Henry VIII, Wales has been bound to the English justice system.

The commission found the current arrangement was not properly joined up and let down the Welsh people because Cardiff Bay makes laws in areas like health, housing and the highways, but Westminster remains in control of justice.

It found further divergence was likely in the future between England and Wales as the Assembly made new laws.

But some judges have expressed concern at the potential impact a separate Welsh legal system could have.

They told the commission there was a "real and justified concern" that legal practitioners like solicitors and barristers would only chose to work in England.

The commission will formally hand over the report and recommendations of the First Minister later.