I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

THE CPS & COCK UPS;HOW MUCH MORE?

 

23. Jul. 2010. – 15:34:43

Yesterday I sat in the video remands court. This is a fairly successful innovation using video technology to allow prisoners or defendants on remand to make common applications without having to be transported to court. Its undoubted success in saving cash and improving security….no chance of escape en route……..has led others high up the Ministry ladder to make the failed intellectual jump that video courts per se are the way of the future; they are not!

However even without the prisoner or defendant in front of us, yesterday`s sitting demonstrated the appalling state of the Crown Prosecution Service and its partner in crime; the Police Service. A prisoner was due to be committed to Crown Court. The due date was actually last week but CPS had applied successfully for an adjournment. Their problem was that there was a gap in continuity in the evidence trail. The charges were associated with possession of Class A with intent to supply and cash proceeds of crime. The difficulty as the Crown said last week was a gap between the drugs and cash and the defendant. The forensic evidence to tie them to the defendant had not been produced. On that basis defence counsel not surprisingly asked that the case be withdrawn. The prosecutor in fact reluctantly discharged the defendant meaning charges could be laid at some future time. However this character did not walk free; he was being held by immigration authorities pending deportation. This in my experience is not an isolated example of the proverbial cock up. The system is truly drowning in its own inefficiencies aggravated by low morale and reducing resources. In addition the atrocious decision yesterday not to proceed with the prosecution of the police officer seen striking Ian Tomlinson at the G20 demo last April is just the public tip of an iceberg of chaos. It is badly led, mal administered and dying a death of a thousand cuts. In every court in its jurisdiction every J.P. and judge has his/her own story to tell. Only when the next unfortunate case of its crass failures hits the headlines will note be taken......until then.........?

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