GO ORDERS

 

by TheJusticeofthePeace @ 25. Nov. 2010. – 09:45:38

In various forms domestic violence appears to have occurred as a primary or secondary topic here on more occasions than I had anticipated. Perhaps the subject is occupying in general more column inches or sound bytes [bites?] than other offences dealt with by magistrates. Perhaps its prevalence is owing to the increasingly authoritarian and extra judicial disposals applied for by prosecutors eg restraining orders even where there has been no conviction. Non judicial approaches to unconvicted suspects in alleged domestic violent incidents have today been reinforced by additional police powers when investigating such incidents.

In the three designated pilot areas Greater Manchester, Wiltshire and West Mercia police will be empowered to order a suspect to leave the family home for forty eight hours on the say so of an officer of Superintendent rank. It will be commonly called a go order. After that period, for the order to continue the authority must come from the magistrates` court even if there is still no charge.

The underlying consideration for the “battered wife” is commendable. It is the swing of the legal pendulum in action. When a legal or police attitude to a problem has swung so far from an underlying reality it auto reverses in a totally opposite direction and the process is repeated ad infinitum. A couple of decades ago the police and judicial attitude was minimal interference to possibly violent incidents of a “domestic nature”. That approach was eventually and rightly seen as ignoring the real and sometimes murderous attacks carried out usually by men on their wives or female partners. Now it would appear the boot is metaphorically if not in reality on the other foot…..a police officer`s size 12s. Does this initiative come under the term “due process”? I think not.

UTILISATION RATE, UTILASATION RATE, UTILISATION RATE….REPEAT IT OFTEN ENOUGH AND ALL WILL BE WELL

 

by TheJusticeofthePeace @ 24. Nov. 2010. – 16:07:58

The Justice Department and its ministers are at it again in repeating the mantra oft uttered in the last three months that magistrates` courts` utilisation rates at a current 64% must be increased to 80%. Their thinking seems to be that if all the current workload is squeezed through fewer courts the utilisation rates would somehow increase to the nirvana of 80%. Without going into the principles of eg water pressure through pipes of varying diameters or voltage, current and resistance the ministers are talking nonsense. Returning to the plumbing analogy if low water pressure [low utilisation rate] is caused by poor turbine efficiency at a pumping station no reduction in pipe diameter [increased utilisation rate] is going to improve the amount of water at the tap in the kitchen. Only the pressure will increase; not the amount flowing through.

I have no reason to doubt the figure of 64%. I have many reasons to be sure that court closures will not increase that figure to 80%. The result will be a lengthening of the time taken to process court lists. So many agencies are involved in taking a case to court that to consider court closures can increase efficiency is barking mad. Only structural reform of these agencies and their terms of service will produce results. An example is the much vaunted CJSSS…..criminal justice simple, speedy, summary where all involved CPS, courts and magistrates are all supposed to be well prepared with full knowledge of all cases on the day. A happy slappy slogan was attached by some bright sparks in Whitehall to what should be normal presentation of cases to any remand court in the country. I sat on such a court a couple of weeks ago having been required to arrive a half hour earlier than usual for preparation and the CPS dedicated case worker……..or should that nomenclature now be assistant prosecutor…………….was at her wits end looking for files which had not been given to her, which were incomplete or were ambiguous insofar as notes did not correspond with actions or the court file.

I copy below a parliamentary question and answer of November 23rd which demonstrates this government`s reliance on the holy grail of utilisation.

Alan Beith (Berwick-upon-Tweed, Liberal Democrat)
What steps are Ministers taking to ensure that savings do not simply become higher costs for other Departments or other parts of their own Department, whether in the context of magistrates court closures, which adds to police costs, or changes in the legal aid system that generate demand for expenditure elsewhere? Is there a mechanism for assessing how costs will fall elsewhere?

• Hansard source (Citation: HC Deb, 23 November 2010, c149)

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)
I agree with my right hon. Friend about the importance of ensuring that what he describes does not happen, but he will know that there is significant under-utilisation of magistrates courts. That is why we have had to take this action in consulting about closure, not least in relation to the Tynedale magistrates court, which is adjacent to his constituency in Northumberland and which is operating at a utilisation rate of only about two thirds.

Once again the alibi of utilisation is brought forth as reason for closure. Bah Humbug!

ADDENDUM 11TH JULY 2025

Freedom of Information Act (FOIA) Request – 230505033

Thank you for your request dated 5th May 2023 in which you asked for the following information from the Ministry of Justice (MoJ):

Utilisation rates averaged 64% across the magistrates courts in 2010. Courtroom utilisation is the time a courtroom is used, against the hours that a courtroom is available for use. The Government's aim that year was to increase utilisation of courtroom time to at least 80%. What is the current utilisation rate?

Your request has been handled under the FOIA.

The information you seek is not held in the form requested.

The Magistrates’ Courts are undergoing a transition to a new data and information system called Common Platform. Each court has a system (either legacy, or Common Platform when transitioned) for viewing the availability of its rooms and reserving them. There are some measures available centrally to show the total number of available court rooms, but at present the detailed records of actual use needed to calculate the utilisation rate you seek are not available.

Appeal Rights

If you are not satisfied with this response, you have the right to request an internal review by responding in writing to one of the addresses below within two months of the date of this response.

data.access@justice.gov.uk

Disclosure Team, Ministry of Justice,

You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning their investigation.

Yours sincerely

Knowledge and Information Liaison Officer

Finance, Governance and Performance Directorate, His Majesty’s Courts and Tribunals Service (HMCTS

I WILL NOT BE ATTENDING THE BENCH CHRISTMAS PARTY

 

by TheJusticeofthePeace @ 23. Nov. 2010. – 15:31:25

In my other life where I tried hard to make an honest penny I was the one who authorised the finance and generally oversaw the arrangements for the small firm`s ubiquitous Christmas party. So I have no experience whatsoever of the oft derided common or garden office Christmas party except as chauffeur and “talk to me please” accompaniment to my wife at her virtually compulsory appearances at various places of employment around early to mid December.

When I was appointed my bench was a jolly mixing of personalities but when we left the building that was it. It is still a mix of jolly and some not so jolly personalities. But in the last few years there have been Christmas parties from 6.30pm to 8.30pm organised by the “social committee” on the assigned day. I have not attended any. I am not a grumpy; I enjoy good company accompanied by the requisite amount of food and a few ml of the amber liquid. But I generally choose when to avail myself of such occasions and with whom I wish to share the anecdotal evidence of the events of the preceding weeks, months or years that might be of interest. Colleagues who have attended our Christmas parties previously have told me of their general lack of enthusiasm to attend another. I`m not surprised. Most of us drive to court. I don`t drink and drive at all. Some colleagues will have the one drink that will not turn the crystals. With a large bench one`s relationships are usually no more than semi formal with most, an acquaintanceship with some and friendly with a few. I will not be changing my habit of declining the invitation to this year`s event.