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!

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.

THE £COSTS OF BEING A MURDERER

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 16:03:37

Not being a crown court practitioner I am unaware of the legal niceties involved in guilty after trial murder defendants being ordered to pay prosecution costs. I would hazard a guess that for various reasons it rarely happens or perhaps is rarely reported except perhaps in the legal press.

However a high ranking member of the Saudi Arabian family that rules that land was recently convicted in London of the brutal murder with sexual overtones of his servant. It is reported that he has been given until Jan 17th 2011 to pay the prosecution costs of £63,763 in addition of course to his defence costs. Perhaps that principle should be applied in its totality to other multi millionaire miscreants who fail to be acquitted at crown court.

THE HARD MEN OF CARLISLE

 

by TheJusticeofthePeace @ 22. Nov. 2010. – 15:24:02

There were interesting goings on recently at Carlisle Crown Court. In an area famous for its history of border fighting from Picts and Romans to the border Reivers and with its male inhabitants considering themselves as hard or harder than their eastern neighbours in Northumberland it seems old habits die hard. 

A butch Cumberlander on a DV charge sacked his female solicitor and barrister on the basis that their sex would prejudice their representation and would be against his best interests until persuaded otherwise by the judge [male].

And as if that wasn`t enough to attest to the supposed dominance of the y chromosome in Carlise Crown Court it took ten police cars and up to 25 police officers to control fighting. Unless there is a risk of violence my court has no security officers present in court at all. My sittings at my local Crown Court seem to indicate that a permanent police presence is absent there also. Short term cash savings perhaps but on the other hand………………………………..