NO MORE ROGUE CAR CLAMPERS IN 2011

 02. Jun. 2010. – 15:36:39 

Every car owner knows about it, tries to avoid it and feels like spitting blood when unfortunately comes face to face with a wheel clamped car and the often large, tattooed men who have locked the monstrosity in place on his/her car. The resulting aggravation many times reaches the courts when aggrieved motorists` outpouring of venom reaches the ears of a patrolling Police Community Support Officer or very very occasionally a real live "You`ll be arrested if you don`t stop swearing" police officer. I sat on such a case a couple of weeks ago and however much provocation has been endured it is usually considered only in mitigation for a guilty plea to low level public order offences.

The outrageous actions of some? many? car clampers and the lack of effective control on their activities at local or national level has been a scandal. The recent conviction of one such gang and the jailing of its leader at Birmingham Crown Court will bring a smile to all who have had the misfortune to have been similarly fleeced of large amounts of hard earned cash.

It is heartening to know that in the Crime and Security Bill which received Royal Assent on 8 April there is provision to deal much more efficiently with rogue car clampers. There will be maximum limits set to fines possibly in line with those imposed by local authorities, signage will have to have parking conditions clearly set out, independent appeal processes will be established and effective licensing for clamping companies will be introduced. The Scots, so often more sensible than their English cousins in matters legal, outlawed clamping on private land in 1992. 

NO USHER; NO COURT; NO JUSTICE

 29. May. 2010. – 13:45:14 

Imagine an athletics meeting where the athletes did not have a schedule of events; chaos would not adequately describe the scene. Competitors would mill around and try to make some sense of the disorder around them. Given time and some common sense they might actually sort themselves out and appear on the starting line. When complaints are subsequently made to the organisers of the event they reply that there wasn`t sufficient money to provide enough back up staff and then sign a contract to have the seats repainted red white and blue in time for the next meeing.

Earlier this month I was assigned to the non CPS court where prosecutions by bodies such as the local council, Dept. of Health and Social Security, Child Support Agency etc etc take place. As such there are more lawyers for both prosecution and defence than is usually the case waiting for their cases to be called on, defendants and witnesses of all kinds many of whom are not familiar with court procedures unlike those appearing in CPS prosecuted criminal matters when familiarity breeds more than contempt. 

Morning courts run from 10.00am - 1.00pm. It is essential that as little time as possible is lost owing to inefficiencies especially those which are predictable. Although not directly related to this topic one small example will give an indication of top down instructions which are as sensible as a three legged camel race. Courts` daily lists which can run into dozens of names are presented to the bench in alphabetical order and numbered as such. Until recently the sometimes bulky corresponding court files would be presented to the legal adviser in the same order so when a case was called on by name and number everyone is literally reading off the same page. But recently owing to some court manager taking the view that for c£18K p/a office staff to sort the files before 10.00am was too time consuming that process was stopped. The result is that the c£40K p/a adviser has a bundle of files on his/her desk and spends court time sorting out the appropriate one when the case is called. Yes; it does appear that the monkeys are running the zoo.

Now back to the non CPS court....we enter at 10.00am on the dot with the legal adviser and unexpectedly find the courtroom empty. Our L/A tries the main entrance to the courtroom and finds it is locked! It appears we have not been assigned a court usher. The L/A phones security to unlock the door, a job usually done in conjunction with the usher or by the usher alone. Our bench quickly decides that we cannot efficiently conduct our court without an usher to regulate properly the comings and goings of the dozens of people we expect to appear. It is a task which occasionally a L/A would undertake if pressed; perhaps in a short trial with only one or two civilian witnesses but not on the scale envisaged for that morning. We retired from the court telling the L/A matters would proceed only when the court was properly staffed with an usher. At 10.30am we were informed that the court manager had re-arranged the ushers available and we were well served but half an hour of precious time had been needlessly lost. 

I have no reason to think that other Magistrates` Courts are not undergoing similar results from reduced recruitment. Because financial cuts at our courts are like the iceberg which sunk the Titanic having only 10% visible above the waterline it will take a Daily Mail headline of an unforeseen major criminal event resulting from such inefficiencies to bring Her Majesty`s Court Services` attention to this attrition within the criminal justice system. 

REGULATION OF INVESTIGATORY POWERS ACT 2000

 28. May. 2010. – 16:58:43 

The Regulation of Investigatory Powers Act [2000] is a perfidious and odious part of the all enveloping snooping legislation enacted by the, in my opinion, unlamented authoritarian war mongering swiftly back peddling right honourable and some dishonourable members of the BBM gang and its three leaders. It was under this legislation that there was a wheelie bin watch and charges against parents who were thought to be cheating about how close they lived to a desirable school. I`m quite sure that in most parts of this country there were enough cases to keep the local newspapers in business.

Two cheers for our new coalition of CamerClegg. In its Agreement a ban is proposed on the use of powers in this Regulation of Investigatory Powers Act 2000 by local authorities unless a magistrate authorises their use and it is required for stopping serious crime. I am unclear whether this indicates that a magistrates` bench in court will have to approve the action or a JP on his/her own. I am sure we will know soon enough. From a libertarian viewpoint this is a good start.