Ministry of Justice Draft Structural Reform Plan

 18. Jul. 2010. – 12:45:28 

The Ministry of Justice recently published its Draft Structural Reform Plan. It would seem that lots of little elves in Whitehall have been working their little arses off since the election in May to produce this document. Depending on one`s point of view political or otherwise there is much to consider. The usual "camel is a horse designed by a committee" signs are still apparent:- e.g. sect. 5.2 says "Develop a mechanism to prevent unnecessary criminal offences".

However it will be in relation to this document that future changes will be judged. 

COURTS CLOSURES, LEGAL ADVISERS, OPINIONS & DUTY

 17. Jul. 2010. – 13:34:17 

For the country`s 28,000 magistrates the last few weeks have been little less than traumatic insofar as the proposed, probable or possible changes which have been mooted, hinted at or flagged up depending upon which adjectives and verbs suit your opinion on the utterings emanating from such sources as The Ministry of Justice, both houses of Parliament, Civitas, Inspector of Prisons, Chief of Probation, ACPO, The Law Society and Uncle Tom Cobley and all.

The Ministry is of course the major player and magistrates mere pawns. On one hand the Minister Jonathan Djanogly states his intention of improving efficiency of Magistrates` Courts by increasing their utilisation from 64% to 80%.... He apparently thinks that ”just like that” efficiency will be improved. Sounds more like the late great Tommy Cooper than a serious statement. The Minister either ignores or is ignorant of the myriad reasons why courts do not function at his targeted rate. Kenneth Clarke tells us “his opinion” is that short prison sentences do not reduce crime rates. My opinion is that such matters should not be decided by opinions but by analyses of statistics and reasoned debate with social scientists who can provide reasoned conclusions. Probation chiefs and prison governors and their respective unions are each struggling to rubbish the other as to “what works”. Duty solicitors and criminal lawyers are striving to offer competent and quality services to their clients whilst receiving ever reducing fees. 

Last week having a brief discussion with our legal adviser whilst our court was in the midst of its 36% down time as complained of by Minister Djanogly owing to CPS files having gone missing it was clear that this disruption caused by impending court closures is having a ruinous effect on him and his colleagues.. There are certain to be redundancies but in what form and under what conditions is unclear. It is also likely that increasingly District Judges will be used in place of J.P.s and that they will inevitably be served in future not with qualified legal advisers [barristers or solicitors as at present] but with legal executives or other lower qualified personnel. A career switch for legal advisers to criminal law practice will be virtually impossible for the foreseeable future. For these highly capable professionals dealing daily with a varying cast of magistrates to whom in court they must refer to as “sir” or “madam” the future must be truly depressing and terrifying.

The first duty of any government is the protection of its citizens from those abroad or within who would wreak terror in all its manifest forms from bombing to burglary. That duty requires priority over any “guarantees” to health services, education services, social services or any other “services”. That duty is manifestly being abrogated.

YORKSHIRE RIPPER WILL STAY INSIDE FOR LIFE

 16. Jul. 2010. – 17:01:11 

The Judgement by THE HONOURABLE MR JUSTICE MITTING has just been issued that the Yorkshire Ripper will serve whole of life behind bars. Unless this is changed on a future appeal I for one will not be sorry. A friend of mine who used to provide para medical professional services at said institution where he is incarcerated; Broadmoor, and to the killer himself told me that although there were always two "nurses" who were more weight lifters than angels of mercy with him when he attended Sutcliffe and Sutcliffe himself was always apparently docile he was advised but never ever to turn his back on him......

THE COURTS` FUNNY SIDE

 16. Jul. 2010. – 16:45:58 

Some court stories are so amusing they are almost unbelievable. This is believable because I was told of it by a reliable source who has previously supplied accurate information. Last December at a Magistrates` Court in the West of England an addict called Jason who had managed to survive until the age of 36 on the usual druggie`s fare of hot pot of heroin and cocaine casserole decided on a change of diet and stole a frozen turkey from a supermarket attempting to evade payment by putting said late chilled bird down his trousers. Needless to say it`s a chill wind which blows nobody any good. Fined £50 + surcharge + costs he was deemed time served from his time on remand……one could say he went cold turkey….

And then there was the case of the Albanian who claimed that English food had changed the shape of his ears. Perhaps he will live long and prosper and then again perhaps he won`t. This might sound ridiculous but it`s true.

Now another case you just couldn`t make up……One of our fellow citizens whose lawyer mitigated by telling a southern Bench that although his client was an opiate dependant mechanic he usually managed to keep his habit under control especially when he was doing his work as a car mechanic…..seems he was the only one who`d come off the rails by failing in a sticky attempt to steal £40 worth of sweets from a local supermarket. Perhaps whilst he is on unconditional bail awaiting sentence he should endeavour to check if he should be insulin dependant……..

And then yesterday in the video remand court the last case listed was a gentleman charged with TWOC……taking a vehicle without consent in 1989!!!!!!! This was a late addition to our list and apparently after extensive enquiries the relevant authorities discovered that the suspect was serving life for murder somewhere in England. At the close of play the prison had confirmed his residency but it was too late to see justice done. Next week the CPS will inform him that “with his consent” the case will be dismissed…….I doubt he`ll offer any objections……..better late than never. 

LORD JUDGE IS MISTAKEN

 15. Jul. 2010. – 11:59:17 

The history, practice and efficiency of the jury system has been examined in ever closer detail by myriad academics and legal eagles and can easily be accessed by those interested. My comment today is a result of a statement yesterday 14/07/2010 by the Lord Chief Justice of England and Wales Lord Judge that juries should be directed by a trial judge not to research a case or anything pertaining to it on the internet. I wonder in all humility if His Lordship knows what a curate`s egg he has opened.

Jury composition from its earliest medieval beginnings until the 21st century has moved from exclusivity to inclusivity; virtually any sane person who is neither lord nor convict is eligible to sit. There is no requirement to have a basic knowledge of English language, mathematics, carpentry or indeed any intellectual or practical ability. The juryman reflects society warts and all. And this is what I find disturbing in Lord Judge`s approach. If we accept that the internet is merely a vast library where those with or without knowledge of a subject can research it to the n th degree it follows that on any case before a jury some jurors might have relevant knowledge that another does not and wishes to find for him/herself. This is what Lord Judge appears to want forbidden. Therefore the ignorant jury member must remain in ignorance and be subject to the inevitable explanations that the knowledgeable fellow member will expound. 

This is nonsense. To have juries of the lowest common knowledge can only be a forerunner to one of two futures; to return to a stricter method of jury selection where individuals` capacity to comprehend proceedings can be tested or to create a new form of “either way” trial where one or both parties can elect for judge or tribunal [three judges] trial or jury trial. However in the tradition of muddled English legal development it is unlikely to be spelt out so blatantly. 

This coalition government born not of goodwill but of necessity has shown some promising trends in its stated wish to eliminate some of the authoritarian actions of its predecessor. If there is, as I now believe, an underlying intention to change radically our trials system there should be more than merely “consultation”, the weasel word of political cowards; there should be encouraged open debate where effective discussion can take place with no pre-determined objective already pencilled in on what was supposedly a blank piece of paper.