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/

DISGRUNTLED CHAIRMAN AND DOGGY DOODLES AMONGST OTHER THINGS

 

by TheJusticeofthePeace @ 23. Oct. 2010. – 17:16:59


For this blogger it`s been an interesting week. The Chairman of the Magistrates` Association has suggested in a comment that I contact him in person with my suggestions after my post on October 20th MAGISTRATES RESPONSE TO COURT CLOSURES COULD BE BETTER. This is the man who is the leader/figurehead for the organisation. The inadequacy of the Response is nowhere better demonstrated than in a column in the Law Society Gazette where a long report of the Justice Minister`s remarks in the House of Commons on the proposed closure of 157 magistrates` courts merits this, “The Magistrates Association said it had serious concerns about the proposed closures, which it said run counter to the coalition agreement on decentralisation of services and would save only a ‘tiny fraction’ of the MoJ’s budget.” If that is the best the M.A. and its Response can extract from Mr Djanogly what hope is there? On a personal level I suppose I should be pleased to have irritated a hornet or two but I`m more inclined to consider the organisation is approaching the time when the only worthwhile comment is that of John Reid on becoming Home secretary and describing his new domain in 2006 “as not fit for purpose”. 

But the political and judicial game goes on. Ever increasing bits of information about expenditure at the Ministry of Justice will no doubt be revealed in order to cast aspersions on the “cuts”. Such was published in the Bridgwater Mercury where it was reported that the Ministry spends £1,600,000 on press officers, a sum, the paper asserts, which would pay for the running of Sedgemoor Magistrates’ Court for eight years. I wonder how much is spent at the Ministry on tea and coffee? It is rumoured at my court that when its lease is expired we will no longer have our hot drinks dispenser. Our kettle has already gone. How can a J.P. face the rigours of the retiring room with just cold water for company? 

Fixed Penalty Notices are now common place for myriad minor offences. Most are paid, some are questioned and a few recipients choose to go to trial and have the appropriate authority prove their guilt. Any expense they incur is their own. But they must expect the consequences of a failed defence…..costs and a victim surcharge of £15 applied to all offenders who are fined. 

Dog owners allowing their four legged friend to shit on public property and failing to scoop up their mess do not in my opinion deserve very much sympathy. In addition to the obvious distress to the unwary walker the disease of toxoplasmosis is often the result of unwary children putting contaminated fingers in their eyes when a park has been used for the dog`s doodles; the same park where playful kids have played for generations on the grass. So it was with some surprise I read the report in the Yorkshire Post where an offender was fined £75 for such an offence when the FPN is £80. Of course the total outlay for the guilty party was much more but in my opinion as a matter of principle the fine should not have been less than £80. 

Sex offenders especially of the more serious kind are not my favourite people. However I have an iota of sympathy for the case reported in the .York Press The man in question had pleaded guilty having committed terrible abuse against a single victim forty years ago. Since then he has never offended in any way at all. There is no doubt he will now pay for his deviancy as a teenager until his dying day. 

And in the last words of Clark Gable in that most famous film, “Tomorrow is another day”.


FEMALE J.P.s AT RISK

 

by TheJusticeofthePeace @ 22. Oct. 2010. – 08:14:58



Among suggestions thoughtlessly aired sometimes under pressure by magistrates officially or unofficially town halls were mooted as being possible court venues. These comments were taken up enthusiastically at the time by the “cutters”. Now Jonathan Djonogly, Minister of Justice, has responded with a ludicrous statement to ease his way out of a self created problem. Aware of the increasing opposition to some of his department`s proposals he has said that utilising town halls might not be a good idea because middle aged female J.P.s might be afraid of having their bottoms pinched or worse. All I can add is that I would be afraid to be accosted by some of my female colleagues on a dark night. Tell us another Mr Djonogly.


On a more serious note he refers again to the possibility of witnesses giving video evidence from police stations. In plain words this is a very bad idea. Only in the most exceptional circumstances eg prisoners on remand or incarcerated, children, fragile victims, desperately ill people etc etc should video evidence be a substitute for live evidence in a courtroom.

REVOLTING PEASANTS

 

by TheJusticeofthePeace @ 21. Oct. 2010. – 12:03:17


We`ve had the explosion. The device went off as planned. The destructive power of the speech provoked the expected reaction from those caught in its blast from which the dust is yet to settle as far as the planned closure of up to 157 magistrates` courts. By the year`s end the pronouncement will have been made and hundreds of court workers will be wondering if they have a future in government service. It would appear also that provision has been made for the resignation of up to 3,000 magistrates. In all likelihood those colleagues who resign will be the most experienced. If ideal financial investment strategy is the rule of thirds….one third property, one third equities and one third cash an ideal bench is constituted one third newbies, one third experienced wingers and one third chairmen then the 10% resignation rate could prove uncomfortable to say the least. It would provide more reasons for an increase in DJ recruitment.



So far we have not emulated the Spanish, Greek or French by having massive displays of workers on the streets. But for those who remember the Poll Tax riots, Peterloo Massacre or even the Peasants` Revolt the English do occasionally display their anger in public. We`ll all need to brush up our knowledge of legislation surrounding the various forms of public disorder and associated offences.