NO MORE RUNNERS AT BOW STREET

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 08:48:03

Its square was orange in colour and it could be bought for £180. When I played Monopoly as a child the set of Bow Street, Vine Street and Marlborough Street was my favourite. Why…..I don`t know except I was very rarely beaten when the game ended. Perhaps because that set was neither upmarket Mayfair nor down at heel Old Kent Road it had an appeal as being in the middle of the market. I must remember to tell my analyst that, if ever I feel the need to unburden myself to a total stranger for £squids/hour.

Bow Street Magistrates` Court must be the most well known court name after the Old Bailey. It began dishing out justice to the villains or should that be villeins of London in 1740 and closed its doors in 2006. The enterprising individual who bought it then for c €25 million is reported to have sold it for £28 million in hard cash to an Austrian hotelier. It`s likely its new customers will have more comfortable bed and breakfast than the previous occupants of the building.

LORD JUDGE AND JURIES

 

by TheJusticeofthePeace @ 21. Nov. 2010. – 12:46:16

There has been much attention paid to Lord Judge, Lord Chief Justice and the judiciary`s main man. This is as it should be. And when he comments on the jury system everybody listens and that also is how it should be. But critical comment has been………… pianissimo. 

The good lord has explained his discomfort in that jurors might seek further knowledge from outside the courtroom when considering facts pertaining to a case. In other words they might seek to increase their knowledge by the common man`s most accessible source of information……the internet……. which might offer many things but in general terms is an enormous fantasamagorical library with an indexing system easy enough for Joe Blogs to find in seconds eg the Italian musical term for playing softly. But in the good old days only toffs and so called intellectuals had shelves full of books which contained information that was or could be useful for or of interest to them. Of course in those days old or good most such folk declined to serve on juries; they were too busy or considered themselves too important to judge their fellow man. Now that`s all changed and everybody……..or is anybody a better description?……..can be chosen for jury service. And that`s the point. There is no consideration of anybody`s intelligence or ability to follow the performance, to appreciate the hurdle “beyond reasonable doubt”, no test to ascertain the limits of anybody`s understanding of the English language or anybody`s capability of balancing the credibility of witnesses or the facility for anybody to comprehend a judge`s summing up. Truly anybody can be a bit thick but then that`s why we have a jury of twelve people who can be anybody. Of course under current attitudes supposedly handed down from Magna Carta and modified for current times peer review by any other term is what determines a defendant`s guilt or innocence. 

In effect the LCJ is complaining that ignorant jurors trying to fulfil their task are seeking knowledge outside the courtroom which others in their group might already possess by virtue of their education, profession, general or specific knowledge or quite simply a higher IQ. Universal jury service is now an outmoded concept and sooner or later a senior member of the judiciary, probably after retirement, will step into the public arena and say so. This is not to say I am advocating judge[s] only courts……I am against the practice of single District Judges acting in trials as both judge and jury. I am suggesting that the concept of juries now constituted is not an 11th commandment notwithstanding the recent paper Are Juries Fair? Another interesting paper taking a wide historical perspective is A Historical and Comparative Perspective on the Common Law Jury . More research should be undertaken into possible variations to ensure that justice is done and seen to be done lest another government with similar authoritarian tendencies as those which lurked in Downing Street from 1997 until May pulls up its drawbridge and judge[s] only trials risk becoming commonplace.

CURFEWS AND TAGS

  

by TheJusticeofthePeace @ 05. Dec. 2010. – 13:38:15

One of the most difficult decisions for any bench is deciding whether to remand in custody a defendant awaiting trial or to remand on bail considering that the starting point is that bail is the right of the accused. With the advent of electronic tagging to verify any breaking of curfew restrictions many defendants are on bail who perhaps twenty years ago would have been kept in custody. The tag will send a signal if the wearer leaves the assigned address within the restricted hours. Such was and is the case of Asil Nadir, fugitive tycoon, who voluntarily returned from self imposed exile to face trial after having received an assurance that he would be granted bail. Amongst the bail conditions was a home curfew from midnight until 6.00am and the wearing of a tag. According to a TV news report there was a knock on his door in the wee sma` hours [around 01.30?] by SERCO who monitor such matters for Her Majesty`s Court Service. Inside the house were Mr Nasir and his house guests. There is no knowledge whether or not they were asleep in bed at the time. He will not be charged with a breach of his curfew.

This scenario reminded me of a young mother also tagged and also curfewed between midnight and 6.00am who was before us in September for breach which she denied. SERCO prosecutor told us a technician visited the house at 00.45 to verify if the tag was working. The defendant told us she was indoors asleep and was afraid to open the front door at that time. We accepted her good reasons for her fear. Delegated powers to people who might have a “jobsworth” attitude to their duties are sometimes a mistake.

I have taken the liberty of publishing the post below out of calendar sequence.  It seems appropriate on this date 31st December 2025 to look back 15 years to the day .  

ANOTHER DECADE ON THE BENCH

by TheJusticeofthePeace @ 31. Dec. 2010. – 12:00:21

This is the last day of a decade probably to be known in future as the twenty “naughties”. Like many apt short cuts this pun on its numerical values combined with an accurate description of its financial values seems appropriate.

I became a J.P. in the nineties and am entering my third decade. When I applied I left blank on the application form the question ,”Which party did you vote for in the last General Election?” Subsequent to being interviewed I was told that unless I answered the question my application would not go forward. I answered the question. At that time it was considered necessary for such a question to be put in order to balance the perceived political opinions on the bench. Subsequently I was surprised by how many colleagues approved of such a question. No amount of persuasion on my part that our position was apolitical had much influence. It was only after a year or two in position that I learned that many of the senior J.P.s on my bench were political hacks of one sort or another. I can honestly say that I despised them, what they stood for, how they got there and in retrospect how they behaved on the bench. In those early days the bench was run as a petty sessions there being no distant overall management structure. It was run by a single justice`s clerk who controlled every function from court structures on one hand to legal staff on the other. We as magistrates fitted well into our independent slot. There were no sentencing guidelines and “common sense,” a requirement for appointment which has since been discarded, was often our guide to just sentencing.

That was then and this is now. This coming decade heralds the greatest changes in the magistracy in a century. We are at a crossroads. Either our powers will be enhanced by increased sentencing powers and the abolition of a defendant’s right to choose mode of trial or we will be reduced to winging courts of presiding District Judges thus reducing our numbers at a stroke and sitting on minor motoring matters. This government and probably any other does not see us in terms of local justice any more than a hospital is local. A hospital or a court is part of a network of such institutions and its purpose is to provide a designated service of the highest quality at the lowest cost. If magistrates and their representatives have not realised this by now they should wake up before the tsunami washes them away. In 366 days my bench will absorb two nearby benches. Those who don`t want or cannot adapt to the changes have only one future and that is as ex magistrates.

I wish one and all a happy New Year and thank you again for spending a few of your treasured life minutes reading these posts.

---

DRINK, DRUNKS AND DRINKING//MINE`S A COKE

 

by TheJusticeofthePeace @ 04. Dec. 2010. – 11:33:05

I joined our Licensing Committee in 2003/4. I have never been called upon to sit as a licensing magistrate. In 2005 licensing matters were transferred to Local Authorities, via the creation of ‘Licensing Authorities’. Many learned individuals and organisations counselled against such a transfer. Sadly the Jeremiahs have been proved correct. It is hardly coincidental that problems of excessive alcohol consumption have since then become almost a daily feature of the printed media and a common subject for TV programmers. And this is not mere anecdote. Medical statisticians have their own evidence of the increasingly younger age at which liver disease is appearing in patients. The man from planet Mars sitting in any public gallery of any magistrates` court in England and Wales will quickly be appraised of the relationship between criminal activity and alcohol. So in the usual British way belated political so called initiatives, sticking plaster solutions and some shrewd marketing practice are in the news.

Earlier this week the government published a Police Reform and Social Responsibility Bill. Amongst its proposals are:- 

* Measures to give communities and local authorities greater control over alcohol licensing to tackle problem premises. They will have new powers to restrict premises from selling alcohol late at night if necessary and be able to clamp down harder on premises which persistently sell to children doubling the fine to £20,000.

* A stronger local influence on licensing decisions by allowing everyone the option to comment on licensing applications: not just those living close to premises, and ensuring health and policing concerns are considered more widely so that the impact of licensing on crime and disorder or public safety can be taken into account. 

To put in perspective the first point above, the average fine imposed under s146 [selling alcohol to children] in 2008 was less than £500. This is a clear example of the politics of hot air. It rises above the cold air of reality until temperatures are equalised and then falls to earth. The other point is remarkably similar to the considerations that magistrates` licensing committees applied before their powers were removed into the welcoming hands of “representatives of the community”. 

The application of sticking plaster is the proposal to set up “drunk tanks” where those jelly legged apologies for thinking beings can be held in safety whilst they sober up rather than clogging up the custody cells in police stations. The Independent Police Complaints Commission (IPCC) has made the remarkable discovery that many people suffer from medical and/or mental health problems. I would never have guessed……….On second thoughts an analogy with sticking plaster is inappropriate. A complete bodycast seems apposite. There should be an enquiry into why supposed intelligent people in Westminster and Whitehall can consistently support legislative changes that are so obviously [to the common man from Mars] inappropriate for the situation and/or problem under consideration. Of course we will have to wait for the 3rd coming for that…..nobody will believe the 2nd coming if and when it happens.

And shrewd marketing tactics are never far away from Coca Cola company. It is reported that BOGOF will arrive at many pubs in time for Christmas. That is “Buy 1, get 1 free” provided it`s for the designated driver and the drink is straight Coke. I suppose every little helps. At least that`s what the Transport Department hopes.

EFFECT & CAUSE by KEN CLARKE

 

by TheJusticeofthePeace @ 03. Dec. 2010. – 09:34:09

I watched a recent [30/11/2010] BBC Newnight programme on i player. It was broadcast from a prison. Statements were made by and questions were asked of the Justice Secretary Ken Clarke who expounded his views and tried sometimes with great difficulty to counter points put to him by various knowledgeable people including a couple of ex cons one of whom had spent more than half his life behind bars.

Mr Clarke`s usual bluster was at times exposed for what it was…..bluster. He began by saying the effect of his proposed changes would be to reduce the prison population by 3,000. Did I mishear him over the last few months when he has explicitly stated that his primary objective was to take 3,000 out of prison? He has now it seems decided that effect precedes cause. He admitted he will find it difficult to calculate success of his proposals or their costs.

The thinking process of the short term recidivist prisoner who had been in for theft from a shop was clearly revealed when he described it as a “no victim” crime. People with this mind set have no idea what “victim” trauma or harm to society is about unless the crime they`re discussing actually causes a person physical harm. And finally the old lag wanted prisoners on their release to be offered proper jobs in the community………..and of course has no thought about trade unions, minimum wage and economic meltdown.

This whole discussion is predicated on the supposed cost of keeping somebody in jail as approaching £40K p/a. This figure has been totally debunked by statistical analysis but I cannot remember from what source. What I do know is that the £40K would be much less if the criminal activity prevented by incarceration were costed into the equation.

As usual it is as much a guessing game as backing the winner of the 2018 World Cup Final.

ADDENDUM 16/12/2010
It was a one way bet but it`s still a glowing feeling to know that the convolutions put about by Kenneth Clarke were rumbled by this blogger and doubtless many others. At yesterday`s Commons Justice Select Committee grilling the Rt Hon QC finally admitted that his prime purpose was to put the financial cart ahead of the rehabilitative horse. In plain language his nonsensical statements of the last few months that as a matter of consideration to re-offending rates and the ineffectiveness of short sentences he wanted to reduce the prison population by 3,000 and as a result costs would be lowered can now be seen by all as what it was...political disassembling of the first order. In his own words he told the Committee that the explosion in prison numbers had to be stopped and contained for financial reasons.

An admission of this nature, although awaited by many observers, would be the end of employment for many employees. Truly the mores of politics and politicians are such that most honest people despair.

A TYPICAL MORNING IN OUR REMAND COURT//A JUSTICE SYSTEM IN DECLINE?

 

by TheJusticeofthePeace @ 02. Dec. 2010. – 10:52:00

My court will still be operating long after this government has passed into history. It is a large modern building and probably will be absorbing one or more courts which are destined themselves to be history in the next year or so. The work within is not any different from that at hundreds of others in an urban environment. With a bench approaching two hundred souls and a permanent District Judge sitting in the remand court is not an everyday experience and so one tends to remember some matters more readily than on other occasions.

Such was the case not so long ago when five matters stood out from the many that were called on. 

There were two brothers one aged 22 and the other 14 charged with vehicle theft x 3. The facts as stated by CPS common to each offence were that the allegedly stolen cars, all fairly high value, were loaded on to a low loader equipped with a winch. We were told that a witness had on one occasion seen a very young man, not very tall, accompanied by an older man, , getting into the truck and driving off. We committed both to the crown court with a bail condition, unchanged from that of the police bail on which they appeared, of not to drive any lorry equipped with a winch or a towing or loading device. That was a first for me and my colleagues.

Once again an alcoholic of NFA with pages of “previous”, who had been detained overnight and who looked twice his 43 years was fined and released on time served. What other way is there of dealing with these examples of society`s outcasts? Until there is cases like this will continue to demean our civilised society. 

And then there were three other cases from the cells with considerably more serious outcomes. A man in his fifties was brought before us charged with s18 wounding. He had allegedly after an altercation cut an ex partner`s arm with an old fashioned open razor causing her to need fifteen stitches. She was lucky. He missed an artery. The pictures were not a pretty sight. His lawyer did his best with his bail application which had no more chance of succeeding than a snowball surviving half an hour in a hot oven. The defendant had allegedly committed the offence whilst under a suspended sentence order, he had previous offences on bail, previous violence against women the most recent having been about a year previously and had twice breached bail. If ever a lawyer went through the motions it was this defendant`s representative. If I wore a hat I`d take it off to him. He certainly earned his £7.50 or whatever pittance the Legal Services Commission now deems appropriate.

What can one do with a defendant newly arrived from Eastern Europe pleading guilty on two charges of possessing a flick knife and a bladed article, arrested with the knife, almost comatose in a drug induced state sleeping on a bench opposite the police station who was released on police bail and arrested again with class A possession and who on a previous day refused to co-operate with probation, sat mute when interviewed by the court psychiatrist and whose representative told us that even with an interpreter he did not say a word when she tried to take instruction? He was sent to the crown court. Their honours can earn their wages on him. 

Any remand court in my opinion always throws up at least one example of gross inefficiency by one of the many agencies whose timely and adequate input on the day is a vital necessity for work to proceed smoothly. On that day it was our local constabulary at fault. We were told by our legal advisor that one particular overnight custody case, a breach of curfew, had to be completed by 11.30am. He was being held at a nearby police station. Accordingly at about 10.15am we asked the usher…….at least in court one we don`t have to beg, steal or borrow one………about Mr X to which the reply was, “ He`s not here but his lawyer has been waiting for him since 9.30am.” About 11.10pm we are told he is in the cells. At this point the usher should have advised his lawyer to go to him immediately. With a packed courtroom and everything happening the bench overlooked reminding the usher who wasn`t in one place long enough for it to register. The result was Mr X was brought into court where his lawyer asked for time to take instructions. He is given ten minutes and both head downstairs. Meantime CPS tell us that police had not informed SERCO until 10.30am that Mr X was due in court. At 11.28am with Mr X in the dock his lawyer tells us that Mr X who looked to be at death`s door had been in hospital but until he had seen a letter purportedly to that effect being held by the police he could not advise his client to admit or deny. CPS withdrew the charge. The chairman emphasised to the prosecutor that the bench`s dismay be conveyed to the senior officer in charge at the station. What can one do? And this is prior to the HMCS 24% cash reduction in our area.

During this sitting we retired once only for five minutes when we decided to send the knife carrying comatose unresponsive defendant to crown court for sentence. Twenty one matters were held over until 2.00pm where another court would perhaps have squeezed in three or four after their allotted work. That means that about sixteen or seventeen defendants who we knew had been there since around 10.00am according to the usher would have wasted a day and will have to return. What kind of country are we living in? What kind of justice system do we want? What kind of justice system do we deserve? What kind of justice system are we heading towards?

THE OFFICE OF JUDICIAL COMPLAINTS//A WARNING TO NEW MAGISTRATES

 

by TheJusticeofthePeace @ 01. Dec. 2010. – 15:52:44

It might have become apparent that those appointed as Justice of the Peace and as such members of the judiciary are in my opinion at greater risk of sanction for even the whiff of straying from the high path of righteousness as macadamised by the Office of Judicial Complaints than their more senior colleagues. Judges can fall asleep on the bench or offer their own political views whilst summing up and remain, albeit reprimanded, in position. I have commented here 28th September and 8th October respectively on these topics.

Whilst red cards are rarely shown to judges except for the most heinous offences J.P.s are sent off with some regularity although the proportion of the total number sitting is miniscule. Nevertheless whilst in most aspects of professional life one can answer as Cain did when god enquired of the whereabouts of Abel, “I know not; am I my brother's keeper?” for the O.J.C. what was accepted by god is not always acceptable to that august body charged with policing the judiciary.

I do not know anything of Jahangir Khan except what is reported today on the website of the O.J.C. With so few details one can only wonder at the reasons behind his sacking. Perhaps those investigated wish the matter to be kept out of the public domain; perhaps not. I do not know the procedures by which such investigations and hearings are governed. Other professions governing professional and personal behaviour through quangos such as the General Medical Council have been forced to open their disciplinary processes to public scrutiny. J.P.s receive no income from their judicial duties and it can be argued that rules applying to paid professionals including judges should not necessarily be applicable where possible loss of employment income is not a consideration. I disagree. If Justices of the Peace are relied upon to deliver justice in this country surely they can be allowed if they wish to defend themselves publicly when complaints are made?

For newcomers to the bench this is a salutary warning. In the glasshouse of the magistracy there is no room for family stone throwing.

THE MAGISTRATES` ASSOCIATION IN ITS CURRENT FORM IS UNFIT TO REPRESENT J.P.s

 

by TheJusticeofthePeace @ 01. Dec. 2010. – 11:49:05

Major changes in road traffic legislation by and large usually are arrived at by consensus. They are rarely a subject of fundamental disagreement by whatever party is in opposition. The introduction of compulsory wearing of seat belts, a scientific drink drive standard, a test for learner drivers increasing in complexity as our road space per driver decreased in direct proportion to the numbers of cars and drivers and of course the required attachment of a red L plate front and back on cars driven by those on provisional licenses. Of course there have been a few occasions when the consensus was stretched; the 70MPH limit was resisted by some as was the use of seat belts, arguments being that the loss of these freedoms could perhaps inhibit a driver`s ability to save him/herself in extreme moments. However apart from the Magistrates` Association and the North Report there is not much clamour to reduce the current drink/drive disqualification to a minimum of six months from the current twelve. It would seem unlikely that any government in the current climate would seek to introduce such legislation. Indeed political goodwill will be rationed for those areas where costs can be saved with an emphasis on reduced government involvement rather than more. Why then did the aforesaid Magistrates` Association write to the Transport Minister a couple of months ago seeking the introduction of a compulsory green P Plate for newly qualified drivers? In my blog on November 13th I wrote that I could find no mention of the letter on the M.A. website. I have no knowledge when it appeared but there is now contained within the minutes of the Road Traffic Committee`s meeting of June 3rd earlier this year the following;

2455 NEW DRIVERS

A revised discussion paper prepared by the Chairman on new drivers was considered. Tony Smith pointed out that speed was the key reason for new drivers having accidents and that the best way forward would be to introduce strict penalties on speeding for this age group as a strong deterrent was required. The Committee discussed whether a top speed of 50mph should be introduced for new drivers but although some members supported this suggestion, the majority felt that it would be difficult to enforce and would slow up motorway traffic.The Committee looked at ways of improving the situation and agreed the following:

The Committee confirmed its policy that it should be a legal requirement for new drivers to display a P Plate on their vehicles for the first 12-months after passing the driving test. Failure to do so should result in 6-penalty points being put on the licence which, in turn, would lead to the licence being revoked. No fixed penalty notices for speeding offences should be given to new drivers for the first 12-months after passing the driving test so that these offences could be dealt with by the courts. It was agreed that the Chairman should include these proposals in his letter to the Minister.

At this meeting no statistics have been argued. So the “committee confirmed its policy”. Where and when did this policy first appear? What counter arguments were made if any? What other organisations were consulted in order to present a stronger case? How many other such policies previously have been suggested in letters to the Minister? Was no consideration given to the fact that major proposals were on the table re court closures subsequent to the government`s publication of its discussion document and that all efforts should be put in that direction and not diluted by such an irrelevance at this time? 

As another indication of its unfitness to represent 28,000 J.P.s the M.A.`s own Council cannot even agree road traffic policy on road safety with its own Committee of that name as the extract below indicates.

2460 DRINK/DRIVE THRESHOLD

It was noted that Council reached a different decision to the Committee over the question of what should be the penalty range for the offence of driving over the limit with an alcohol/blood result of between 50 mg to 80 mg per 100 millilitres of blood, should the government introduce the lower threshold.

The majority of the Committee had been in favour of a discretionary sentencing option if this offence was established whereas Council had expressed a clear preference for a mandatory disqualification period shorter than 12 months. The Committee observed the decision of Council which would now formulate Magistrates’ Association policy. The Committee would consider the issue of drink driving further once Sir Peter North’s Review of Drink and Drug Driving Law was published that was due out soon.

The M.A. held its AGM two days ago. It will be interesting to read the minutes of that meeting but I`m afraid it will probably be quite some time before we, the members, will be allowed that privilege. 

The issues of the P Plate and North are typical of the dysfunction that continues in an Association oblivious to its own shortcomings. Democracy and representation within the M.A. is as much a façade as they were a façade of many trade unions in the 1970s. On paper everything seems rosy but the reality is much different. Until the so called branch system is abandoned as being unfit for the 21st century and the organisation revolves around benches this Mickey Mouse self serving medal seeking collection will continue to misrepresent the views of hard working intelligent men and women doing a great deal for no reward in order to do justice in the 95% of criminal cases which begin and end at the magistrates` court.

POLICE REACTIONS TO REDUCED FUNDING

 

by TheJusticeofthePeace @ 30. Nov. 2010. – 12:18:05

When, for whatever reasons, a household has to budget in straightened circumstances there will be a common denominator to the belt tightening which must be undertaken to keep the family supplied with basic necessities. Those activities and items without which the family can tolerate until better times will be jettisoned. Margaret Thatcher who was criticised for equating national budgets to family budgets was, in my opinion, not too inaccurate in her metaphor.

A quarter of a century later reduced funding for one public body or another is being wheeled out as a cause to reduce services to the public detriment. No bodies have been more vociferous in making sure their retaliation gets in first than Police Constabularies.

The Serious and Organised Crime Agency (SOCA) however is seeking to increase police powers by being given the power to shut down websites without the need for judicial authority. Judging by its website this organisation has more than enough on its plate without treading where it appears to want to go irrespective of its significance for free speech.

On the other hand the Chief Constable of Kent Constabulary is seeking to reduce the workload of his force in the light of financial constraints. As an example he wants the “policing” of dangerous dogs to be handed over to the RSPCA. Considering that many cases involving banned breeds have as their basis the animals` use as weapons to intimidate or as power symbols this wish to abrogate police powers is akin to allowing motor insurers to police those driving uninsured. If police can be called out on the suspicion of illegal hunting with hounds there is little substance in this Chief Officer`s argument to wash his hands of dangerous dogs.

The Association of Chief Police Officers [ACPO], an organisation which if not truly murky is certainly not the most transparent, wants police to take a slice of the speed camera financial pudding resulting from payments made by offenders to attend various courses to deter them from future similar disregard for the Highway Code. This income, it is said, will allow speed cameras to continue in operation.

Perhaps I am old fashioned but in my idea of how society should be organised there is no room for police receiving any income whatsoever from whatever source except that bestowed by a democratically elected local or national government.

CASE MANAGEMENT HEARINGS ARE STILL AN OPTION OR ARE THEY?

 

by TheJusticeofthePeace @ 30. Nov. 2010. – 10:55:38

Case Management Hearings do what it says on the box. I was surprised therefore a couple of months ago when I suggested from the middle chair to our L/A that a CMH would seem to be appropriate in the rather complicated matter of which we had just heard the history of its previous five listings to be told that they were no longer being listed except in DV matters. There are many twists and turns in recommended procedures that are picked up in such a fashion and as far as I was concerned that was that. Roll on to earlier this month sitting on another far from straightforward [non DV] case that had had a long history. Our [different] L/A half turned to us and said that it would seem sensible sir to have a CMH a week prior to the new trial date. It was not the time to question him so of course we concurred.

Skip forward to the post court review and put forward the obvious question to be told that a CMH should be listed where it would help to ensure a trial would go ahead if there were any known obstacles or where there were certain indications that it would facilitate matters in a predictable way. In short a CMH was still a formidable weapon in the court`s armoury to allow matters to be pushed forward at every opportunity. The opinion of the other L/A was greeted with a shrug. Just a little more confusion and an example where a bench sometimes must use its collective common sense even it is at odds with the advice given.

TODAY`S COURT RESULT: KINGSTON 1 DEPT OF JUSTICE NIL

 

by TheJusticeofthePeace @ 29. Nov. 2010. – 15:17:37

Those involved in almost every magistrates` court threatened with closure have been making representations to the Secretary of State as to why their court should be kept operating. It could be argued that none has been as media savvy as the bench chairman and colleagues at Kingston Magistrates` Court in the leafy suburbs of S.W. London. Amongst their ploys in between televised street demonstrations outside the court building was a Freedom of Information request to ascertain just how much the court cost to run. The reply indicated that the figures being used by the Ministry were……… ooooops……….a little bit over the top. What is most interesting is the civil service speak answer by the robot involved,

Court service official Sean Palmer wrote: “This figure was used so as not to overly complicate the answer with technical accounting explanations.”

Well done Kingston.

MORE ON ASBOs

 

by TheJusticeofthePeace @ 29. Nov. 2010. – 14:22:29

Any policy groups that are considering the establishment of a new policy or organisation are well advised to put the ease of memorising or uniqueness of phonetics of the proposed organisation`s acronym at the top of their agenda. As an example ASBO must be a marketeer`s delight. But as with all fashions ASBOs are yesterday’s news and if Theresa May hasn`t had a change of mind they will be history before the next election. Their peak year was 2005 when 4,122 were issued in England and Wales. In 2008, the latest year for which figures are available, the number issued was 2,027. If we assume there are about 330 magistrates` courts it doesn`t take an Einstein to calculate about six ASBOs were issued at each over twelve months. That explains why most magistrates have not sat on such matters. But those who have make for some interesting reports.

It is reported in Peterborough that a 19 year old recidivist has breached seven times and has been handed down another Order. This is the world gone mad. An individual with this record of disregard for court orders should be in safe, secure accommodation. There is no way to disguise the ineffectiveness of ASBOs especially as seen by the public and whilst it is premature to discuss bringing back the stocks to indicate public humiliation for offenders the law abiding majority must have confidence in the justice system. 

Two teenagers from the Swindon area were last week denied that public humiliation under [presumably] a sect 39 order protecting them from identification after each was made subject to an ASBO as a result of causing harassment, alarm or distress. Why such consideration to their sensitivity was given escapes me. They were not innocent children involved in a serious adult case. They were young criminals and should be treated as such. Public respect for the law is not helped by such decisions. 

Some courts are more aware of their public duty and of the value of publicly naming young offenders subjected to an ASBO. Colleagues at Trafford Magistrates` Court inflicted a five year ASBO on an eleven year old who, unless major changes take place in his upbringing, is statistically heading for a lifetime of crime. Whether the terms of the ASBO are realistic is another matter. It is however an awful blot on our supposed compassionate society that this child whether through nature or nurture or a combination of both is in such a position. 

It was interesting to read that the city of Birmingham has an Anti-Social Behaviour Unit. It was incredible to read, until it closes down in a few months, that that “unit” employs 58 people. The West Midlands Constabulary which includes Birmingham, Dudley, Walsall, Wolverhampton and Oldbury, Coventry, Solihull, Chelmsley Wood, Sutton Coldfield and Halesowen. is made up of 8,593 police officers, supported by 4,271 police staff, 612 special constables and 793 police community support officers (PCSOs) to police a population of 2.6 million. Perhaps somebody can make sense of 58 soon to be unemployed people comprising an “ASBO unit”.

Society needs to be protected from bad people. Some of these might be capable of rehabilitation and some cannot. Currently attempts to divine the can be from the never can be are as scientific as reading tea leaves. Prison is a last resort as far as magistrates are concerned. For those who continually denigrate courts for the imposition of short sentences perhaps a job as a manager of a sub post office for a few weeks dealing with petty shoplifters [thieves] or living as a tenant in a council tower block for a few nights where drug dealing and possession is endemic would open their eyes to a world where incarceration of offenders is the only protection against such misery for those who don`t read the Guardian, don`t eulogize the peasant diet and life style of Tuscany and prefer Nescafe to green tea in the evening. 

KIDS AND GUNS

 

by TheJusticeofthePeace @ 27. Nov. 2010. – 13:44:37

The law is a wonderful concept or so we are led to believe. It has evolved through millennia sometimes reflecting the mores of society at the time and sometimes taking a lead and in effect its propagators telling all around……..do as we say, not as you do. The abolition of capital punishment for murder in 1965 was probably against the wishes of a majority of the population. It is and has been a political judgement therefore when legislation of a controversial nature is placed before parliament. And there is the phrase created by Charles Dickens in Oliver Twist and put in the mouth of Mr Bumble which in my opinion sums up very clearly the fact that law is man made not god given and is subject therefore to the idiosyncrasies of man, “the law is an ass”.

The age of responsibility in England is ten. The age at which a shotgun certificate can be issued is ten. The age at which a firearms certificate can be granted is fourteen. As a “townie” I consider that allowing a ten year old [under adult supervision] to use a shotgun is completely unnecessary. I would suppose that country folk would disagree. ACPO`s representative on firearms matters considers that ten year olds should be able to apply for a firearms certificate at age ten. Is the man completely out of his mind? How on earth can stringent firearms regulations which force Olympic possibles to train [shoot] outside the U.K. be compatible with real life Billy the Kids?

But then ACPO is a rather unusual organisation but that`s for another time.

LORD MOSES AND JURIES

by TheJusticeofthePeace @ 26. Nov. 2010. – 08:11:56

It seems that the subject of judges and juries is going to be hotly debated from now on. For what it`s worth [and in the real world that`s not a lot] I`ve written here more than once that the current system of jury trial is an anachronism and fails the interests of justice and the public interest. There is no doubt that there now exists for whatever reasons a body of opinion that the subject should at least be explored and debated and not accepted as a permanent fait accompli.

Lord Justice Moses has entered this debate. He has advocated that trial judges should rule on matters of fact, and juries, instead of weighing all the evidence as at present, should simply be given a list of questions to answer. The short report available here does not do justice to his argument…..excuse the pun…….but I think it is not unreasonable to infer that he is alluding to an inclination that complex argument might be beyond the wit of some jurors. I agree. Members of the legal profession are unlikely to be supportive. They would deny that pecuniary interests serve their opinion. Magistrates at the very bottom of the judicial pecking order are well acquainted with defendants on either way matters selecting jury trial over summary trial; they consider that they are more likely to be acquitted…..a statistic which is open to question. With crown court legal aid rates higher than those at the lower court to dismiss legal pecuniary interest out of hand in court matters would be presumptive in my opinion.

When the decibels in this debate begin to increase lawyers will have to do more than repeat their old mantra of “since Magna Carta, fair trial, judgement of peers, etc etc” and produce real sustainable arguments why the current system cannot be improved for the benefit of defendants and the public in addition to the one unimpeachable mantra, “justice must not only be done, it must be seen to be done”.

DISINTEREST

 

by TheJusticeofthePeace @ 25. Nov. 2010. – 23:47:32

I don`t usually sit at the keyboard at approaching midnight but I make an exception having just watched Question Time on BBC TV where Kenneth Clarke was the senior politician on the panel. The same K. Clarke who as Secretary of State for Justice is soon to pronounce on his plans for the country`s magistrates` courts. Not one question on this or any other matter affecting “justice” was asked when of course as the programme is recorded an hour before kick off and the audience knows who are appearing indicates just how little interest real people have in this subject. Is that good or bad?

ELECTION OF BENCH TRAINING AND DEVELOPMENT COMMITTEE

by TheJusticeofthePeace @ 25. Nov. 2010. – 14:13:44

The Magistracy is trumpeted as being a uniquely English institution allowing local justice to be dispensed by local people. With certain caveats I would agree. The Scottish and Irish versions are not quite the same. Individual benches must follow strict guidelines in performing some duties and are most locally idiosyncratic in others. Individual benches control their own rota, ideally placing mixed sex and ethnic benches where possible. Rota systems are very variable with some benches following outdated local procedures that should have gone out with ladies` compulsory hats and cigarette holders de rigueur in the retiring room whilst others perform this vital function using common sense and the latest soft ware.

One vital aspect of bench representation is the Bench Training and Development Committee. This can be appointed internally or have individuals elected annually. But here`s the b u t………….if an elective committee only those attending the annual election meeting can vote. No postal or proxy voting is allowed. At my bench about one third of members turn up………of course not always the same third. To allow change in the voting system or to allow benches to alter their own voting procedures government would have to table a statutory instrument. Perhaps there is an organisation of magistrates which might consider lobbying for this extension of democracy or is that akin to asking the pot to call the kettle black?

GO ORDERS

 

by TheJusticeofthePeace @ 25. Nov. 2010. – 09:45:38

In various forms domestic violence appears to have occurred as a primary or secondary topic here on more occasions than I had anticipated. Perhaps the subject is occupying in general more column inches or sound bytes [bites?] than other offences dealt with by magistrates. Perhaps its prevalence is owing to the increasingly authoritarian and extra judicial disposals applied for by prosecutors eg restraining orders even where there has been no conviction. Non judicial approaches to unconvicted suspects in alleged domestic violent incidents have today been reinforced by additional police powers when investigating such incidents.

In the three designated pilot areas Greater Manchester, Wiltshire and West Mercia police will be empowered to order a suspect to leave the family home for forty eight hours on the say so of an officer of Superintendent rank. It will be commonly called a go order. After that period, for the order to continue the authority must come from the magistrates` court even if there is still no charge.

The underlying consideration for the “battered wife” is commendable. It is the swing of the legal pendulum in action. When a legal or police attitude to a problem has swung so far from an underlying reality it auto reverses in a totally opposite direction and the process is repeated ad infinitum. A couple of decades ago the police and judicial attitude was minimal interference to possibly violent incidents of a “domestic nature”. That approach was eventually and rightly seen as ignoring the real and sometimes murderous attacks carried out usually by men on their wives or female partners. Now it would appear the boot is metaphorically if not in reality on the other foot…..a police officer`s size 12s. Does this initiative come under the term “due process”? I think not.

UTILISATION RATE, UTILASATION RATE, UTILISATION RATE….REPEAT IT OFTEN ENOUGH AND ALL WILL BE WELL

 

by TheJusticeofthePeace @ 24. Nov. 2010. – 16:07:58

The Justice Department and its ministers are at it again in repeating the mantra oft uttered in the last three months that magistrates` courts` utilisation rates at a current 64% must be increased to 80%. Their thinking seems to be that if all the current workload is squeezed through fewer courts the utilisation rates would somehow increase to the nirvana of 80%. Without going into the principles of eg water pressure through pipes of varying diameters or voltage, current and resistance the ministers are talking nonsense. Returning to the plumbing analogy if low water pressure [low utilisation rate] is caused by poor turbine efficiency at a pumping station no reduction in pipe diameter [increased utilisation rate] is going to improve the amount of water at the tap in the kitchen. Only the pressure will increase; not the amount flowing through.

I have no reason to doubt the figure of 64%. I have many reasons to be sure that court closures will not increase that figure to 80%. The result will be a lengthening of the time taken to process court lists. So many agencies are involved in taking a case to court that to consider court closures can increase efficiency is barking mad. Only structural reform of these agencies and their terms of service will produce results. An example is the much vaunted CJSSS…..criminal justice simple, speedy, summary where all involved CPS, courts and magistrates are all supposed to be well prepared with full knowledge of all cases on the day. A happy slappy slogan was attached by some bright sparks in Whitehall to what should be normal presentation of cases to any remand court in the country. I sat on such a court a couple of weeks ago having been required to arrive a half hour earlier than usual for preparation and the CPS dedicated case worker……..or should that nomenclature now be assistant prosecutor…………….was at her wits end looking for files which had not been given to her, which were incomplete or were ambiguous insofar as notes did not correspond with actions or the court file.

I copy below a parliamentary question and answer of November 23rd which demonstrates this government`s reliance on the holy grail of utilisation.

Alan Beith (Berwick-upon-Tweed, Liberal Democrat)
What steps are Ministers taking to ensure that savings do not simply become higher costs for other Departments or other parts of their own Department, whether in the context of magistrates court closures, which adds to police costs, or changes in the legal aid system that generate demand for expenditure elsewhere? Is there a mechanism for assessing how costs will fall elsewhere?

• Hansard source (Citation: HC Deb, 23 November 2010, c149)

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)
I agree with my right hon. Friend about the importance of ensuring that what he describes does not happen, but he will know that there is significant under-utilisation of magistrates courts. That is why we have had to take this action in consulting about closure, not least in relation to the Tynedale magistrates court, which is adjacent to his constituency in Northumberland and which is operating at a utilisation rate of only about two thirds.

Once again the alibi of utilisation is brought forth as reason for closure. Bah Humbug!

ADDENDUM 11TH JULY 2025

Freedom of Information Act (FOIA) Request – 230505033

Thank you for your request dated 5th May 2023 in which you asked for the following information from the Ministry of Justice (MoJ):

Utilisation rates averaged 64% across the magistrates courts in 2010. Courtroom utilisation is the time a courtroom is used, against the hours that a courtroom is available for use. The Government's aim that year was to increase utilisation of courtroom time to at least 80%. What is the current utilisation rate?

Your request has been handled under the FOIA.

The information you seek is not held in the form requested.

The Magistrates’ Courts are undergoing a transition to a new data and information system called Common Platform. Each court has a system (either legacy, or Common Platform when transitioned) for viewing the availability of its rooms and reserving them. There are some measures available centrally to show the total number of available court rooms, but at present the detailed records of actual use needed to calculate the utilisation rate you seek are not available.

Appeal Rights

If you are not satisfied with this response, you have the right to request an internal review by responding in writing to one of the addresses below within two months of the date of this response.

data.access@justice.gov.uk

Disclosure Team, Ministry of Justice,

You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning their investigation.

Yours sincerely

Knowledge and Information Liaison Officer

Finance, Governance and Performance Directorate, His Majesty’s Courts and Tribunals Service (HMCTS

I WILL NOT BE ATTENDING THE BENCH CHRISTMAS PARTY

 

by TheJusticeofthePeace @ 23. Nov. 2010. – 15:31:25

In my other life where I tried hard to make an honest penny I was the one who authorised the finance and generally oversaw the arrangements for the small firm`s ubiquitous Christmas party. So I have no experience whatsoever of the oft derided common or garden office Christmas party except as chauffeur and “talk to me please” accompaniment to my wife at her virtually compulsory appearances at various places of employment around early to mid December.

When I was appointed my bench was a jolly mixing of personalities but when we left the building that was it. It is still a mix of jolly and some not so jolly personalities. But in the last few years there have been Christmas parties from 6.30pm to 8.30pm organised by the “social committee” on the assigned day. I have not attended any. I am not a grumpy; I enjoy good company accompanied by the requisite amount of food and a few ml of the amber liquid. But I generally choose when to avail myself of such occasions and with whom I wish to share the anecdotal evidence of the events of the preceding weeks, months or years that might be of interest. Colleagues who have attended our Christmas parties previously have told me of their general lack of enthusiasm to attend another. I`m not surprised. Most of us drive to court. I don`t drink and drive at all. Some colleagues will have the one drink that will not turn the crystals. With a large bench one`s relationships are usually no more than semi formal with most, an acquaintanceship with some and friendly with a few. I will not be changing my habit of declining the invitation to this year`s event.

THE £COSTS OF BEING A MURDERER

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 16:03:37

Not being a crown court practitioner I am unaware of the legal niceties involved in guilty after trial murder defendants being ordered to pay prosecution costs. I would hazard a guess that for various reasons it rarely happens or perhaps is rarely reported except perhaps in the legal press. 

However a high ranking member of the Saudi Arabian family that rules that land was recently convicted in London of the brutal murder with sexual overtones of his servant. It is reported that he has been given until Jan 17th 2011 to pay the prosecution costs of £63,763 in addition of course to his defence costs. Perhaps that principle should be applied in its totality to other multi millionaire miscreants who fail to be acquitted at crown court. 

THE HARD MEN OF CARLISLE

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 15:24:02

There were interesting goings on recently at Carlisle Crown Court. In an area famous for its history of border fighting from Picts and Romans to the border Reivers and with its male inhabitants considering themselves as hard or harder than their eastern neighbours in Northumberland it seems old habits die hard.

A butch Cumberlander on a DV charge sacked his female solicitor and barrister on the basis that their sex would prejudice their representation and would be against his best interests until persuaded otherwise by the judge [male].

And as if that wasn`t enough to attest to the supposed dominance of the y chromosome in Carlise Crown Court it took ten police cars and up to 25 police officers to control fighting. Unless there is a risk of violence my court has no security officers present in court at all. My sittings at my local Crown Court seem to indicate that a permanent police presence is absent there also. Short term cash savings perhaps but on the other hand………………………………..

COURTS NEWS//CAMBERWELL`S VIRTUALLY NOT SO WELL

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 15:16:37

Virtual Courts are controversial. The principle of having courts in police stations however the arguments are tended is not one that has met universal acclaim. The practice, as argued by proponents, would convince doubters . It has not. It seems the optimistic gloss has become tarnished. The “court” in Camberwell South London is in chaos according to a report in the Law Society Gazette. This observer considers that irrespective of practice the idea of courts ensconced in police stations does not sit well with judicial independence. I therefore look forward to the official announcement that this pilot scheme will not be a basis for future plans. 

LORD PHILLIPS OFFERS SUPPORT TO MAGISTRATES

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 14:21:54

A former Chief Justice of England is a good person to have on one`s side when the opponent is The Secretary of State for Justice. The freedom of the red benches is as good as a dose of sodium pentothal the truth drug not that former LCJs need stimulants to be truthful but the effect of the drug is apparently to reduce inhibitions about talking on a subject even a top secret subject. Good Lord Phillips has mooted that J.P.s be able to sentence for up to twelve months custody. Interesting times are ahead when K.Clarke publishes his proposals for our courts.

NO MORE RUNNERS AT BOW STREET

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 08:48:03

Its square was orange in colour and it could be bought for £180. When I played Monopoly as a child the set of Bow Street, Vine Street and Marlborough Street was my favourite. Why…..I don`t know except I was very rarely beaten when the game ended. Perhaps because that set was neither upmarket Mayfair nor down at heel Old Kent Road it had an appeal as being in the middle of the market. I must remember to tell my analyst that, if ever I feel the need to unburden myself to a total stranger for £squids/hour.

Bow Street Magistrates` Court must be the most well known court name after the Old Bailey. It began dishing out justice to the villains or should that be villeins of London in 1740 and closed its doors in 2006. The enterprising individual who bought it then for c €25 million is reported to have sold it for £28 million in hard cash to an Austrian hotelier. It`s likely its new customers will have more comfortable bed and breakfast than the previous occupants of the building.