CROWN COURT SITTINGS

. Jun. 2010. – 13:19:47 

 It had been a while since I had sat on an appeal at Crown Court. Outside the legal profession very few people are aware that appeals against verdict and/or sentence at a Magistrates` Court are heard in front of a judge assisted by two justices.

I had been telephoned by a court official the day previously, apologies were given for the short notice but owing to a colleague having had an accident I was asked if I could fill in at 12.00 noon the following day. And so arriving at the impressive red brick building I pressed the button at the gated judges` car park entrance and a uniformed security officer directed me to a space. 

My J.P. colleague from another bench was already in the retiring room familiarising herself with the details of the forthcoming case. Shortly after we had made our introductions a court usher advised us that the judge in the appeal would join us in a few minutes. And so I followed my colleague and his Honour into court.

The courts in my home bench are not cramped but court number eight was twice the size and without a jury on its two benches and with nobody in the public gallery the feeling of spaciousness was magnified. Wigged counsels` deference to our judge was certainly more than is usually accorded a bench of JPs by those appearing in front of us. During lunch which itself was a treat compared with my usual fare, a homemade sandwich, I mentioned some of the more crass remarks which have been directed to benches on which I have been chairman. The more outrageous in his Honour`s opinion warranted a complaint to the bar council. The six other judges present were extremely welcoming and a very relaxing exchange of legal banter and opinion was an added bonus. 

The case itself concerned an assault by a young man on two members of a neighbouring family with which his family had been at loggerheads for some years. He had previously, we discovered later, been tried in his absence. The three parties were the only witnesses and bad character applications and admissions revealed all had been previously convicted of offences ranging from theft to G.B.H. On retiring to consider our verdict we were all of the opinion that we could not possibly be sure of what happened on the day and the appeal against conviction was upheld. Unlike our procedure at court when we leave a written record of our conclusions and reasons on the court file his Honour did not input his reasons to his laptop as he had done taking his notes of evidence but the Crown Court being a court of record had his words recorded on tape. So justice was done although nobody was there to see it done. 

Having been reminded just how stimulating sitting on an appeal can be I have made a note to offer myself for some more sittings in the coming half year.