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/

CASE MANAGEMENT HEARINGS ARE STILL AN OPTION OR ARE THEY?

 

by TheJusticeofthePeace @ 30. Nov. 2010. – 10:55:38


Case Management Hearings do what it says on the box. I was surprised therefore a couple of months ago when I suggested from the middle chair to our L/A that a CMH would seem to be appropriate in the rather complicated matter of which we had just heard the history of its previous five listings to be told that they were no longer being listed except in DV matters. There are many twists and turns in recommended procedures that are picked up in such a fashion and as far as I was concerned that was that. Roll on to earlier this month sitting on another far from straightforward [non DV] case that had had a long history. Our [different] L/A half turned to us and said that it would seem sensible sir to have a CMH a week prior to the new trial date. It was not the time to question him so of course we concurred.



Skip forward to the post court review and put forward the obvious question to be told that a CMH should be listed where it would help to ensure a trial would go ahead if there were any known obstacles or where there were certain indications that it would facilitate matters in a predictable way. In short a CMH was still a formidable weapon in the court`s armoury to allow matters to be pushed forward at every opportunity. The opinion of the other L/A was greeted with a shrug. Just a little more confusion and an example where a bench sometimes must use its collective common sense even it is at odds with the advice given.

TODAY`S COURT RESULT: KINGSTON 1 DEPT OF JUSTICE NIL

 

by TheJusticeofthePeace @ 29. Nov. 2010. – 15:17:37


Those involved in almost every magistrates` court threatened with closure have been making representations to the Secretary of State as to why their court should be kept operating. It could be argued that none has been as media savvy as the bench chairman and colleagues at Kingston Magistrates` Court in the leafy suburbs of S.W. London. Amongst their ploys in between televised street demonstrations outside the court building was a Freedom of Information request to ascertain just how much the court cost to run. The reply indicated that the figures being used by the Ministry were……… ooooops……….a little bit over the top. What is most interesting is the civil service speak answer by the robot involved,

Court service official Sean Palmer wrote: “This figure was used so as not to overly complicate the answer with technical accounting explanations.

Well done Kingston.

MORE ON ASBOs

 

by TheJusticeofthePeace @ 29. Nov. 2010. – 14:22:29


Any policy groups that are considering the establishment of a new policy or organisation are well advised to put the ease of memorising or uniqueness of phonetics of the proposed organisation`s acronym at the top of their agenda. As an example ASBO must be a marketeer`s delight. But as with all fashions ASBOs are yesterday’s news and if Theresa May hasn`t had a change of mind they will be history before the next election. Their peak year was 2005 when 4,122 were issued in England and Wales. In 2008, the latest year for which figures are available, the number issued was 2,027. If we assume there are about 330 magistrates` courts it doesn`t take an Einstein to calculate about six ASBOs were issued at each over twelve months. That explains why most magistrates have not sat on such matters. But those who have make for some interesting reports.

It is reported in Peterborough that a 19 year old recidivist has breached seven times and has been handed down another Order. This is the world gone mad. An individual with this record of disregard for court orders should be in safe, secure accommodation. There is no way to disguise the ineffectiveness of ASBOs especially as seen by the public and whilst it is premature to discuss bringing back the stocks to indicate public humiliation for offenders the law abiding majority must have confidence in the justice system. 

Two teenagers from the Swindon area were last week denied that public humiliation under [presumably] a sect 39 order protecting them from identification after each was made subject to an ASBO as a result of causing harassment, alarm or distress. Why such consideration to their sensitivity was given escapes me. They were not innocent children involved in a serious adult case. They were young criminals and should be treated as such. Public respect for the law is not helped by such decisions. 

Some courts are more aware of their public duty and of the value of publicly naming young offenders subjected to an ASBO. Colleagues at Trafford Magistrates` Court inflicted a five year ASBO on an eleven year old who, unless major changes take place in his upbringing, is statistically heading for a lifetime of crime. Whether the terms of the ASBO are realistic is another matter. It is however an awful blot on our supposed compassionate society that this child whether through nature or nurture or a combination of both is in such a position. 

It was interesting to read that the city of Birmingham has an Anti-Social Behaviour Unit. It was incredible to read, until it closes down in a few months, that that “unit” employs 58 people. The West Midlands Constabulary which includes Birmingham, Dudley, Walsall, Wolverhampton and Oldbury, Coventry, Solihull, Chelmsley Wood, Sutton Coldfield and Halesowen. is made up of 8,593 police officers, supported by 4,271 police staff, 612 special constables and 793 police community support officers (PCSOs) to police a population of 2.6 million. Perhaps somebody can make sense of 58 soon to be unemployed people comprising an “ASBO unit”.

Society needs to be protected from bad people. Some of these might be capable of rehabilitation and some cannot. Currently attempts to divine the can be from the never can be are as scientific as reading tea leaves. Prison is a last resort as far as magistrates are concerned. For those who continually denigrate courts for the imposition of short sentences perhaps a job as a manager of a sub post office for a few weeks dealing with petty shoplifters [thieves] or living as a tenant in a council tower block for a few nights where drug dealing and possession is endemic would open their eyes to a world where incarceration of offenders is the only protection against such misery for those who don`t read the Guardian, don`t eulogize the peasant diet and life style of Tuscany and prefer Nescafe to green tea in the evening. 


KIDS AND GUNS

 

by TheJusticeofthePeace @ 27. Nov. 2010. – 13:44:37


The law is a wonderful concept or so we are led to believe. It has evolved through millennia sometimes reflecting the mores of society at the time and sometimes taking a lead and in effect its propagators telling all around……..do as we say, not as you do. The abolition of capital punishment for murder in 1965 was probably against the wishes of a majority of the population. It is and has been a political judgement therefore when legislation of a controversial nature is placed before parliament. And there is the phrase created by Charles Dickens in Oliver Twist and put in the mouth of Mr Bumble which in my opinion sums up very clearly the fact that law is man made not god given and is subject therefore to the idiosyncrasies of man, “the law is an ass”.

The age of responsibility in England is ten. The age at which a shotgun certificate can be issued is ten. The age at which a firearms certificate can be granted is fourteen. As a “townie” I consider that allowing a ten year old [under adult supervision] to use a shotgun is completely unnecessary. I would suppose that country folk would disagree. ACPO`s representative on firearms matters considers that ten year olds should be able to apply for a firearms certificate at age ten. Is the man completely out of his mind? How on earth can stringent firearms regulations which force Olympic possibles to train [shoot] outside the U.K. be compatible with real life Billy the Kids?

But then ACPO is a rather unusual organisation but that`s for another time.