BECOME A J.P. WE DON`T NEED TO KNOW IF YOU`RE A FREEMASON

 

15. Feb. 2010. – 16:55:52

A few years ago........about ten or so...........when applying to be appointed as a Justice of the Peace a candidate had to declare which political party had been the recipient of his/her last general election vote, had to demonstrate that "common sense" was a faculty s/he had and could be demonstrated and that he was or was not a Freemason.

With the current new advice from the Ministry of Justice the last of those three declarations has been lifted; the others were removed some years ago.

So now those who objected to having to demonstrate common sense, owning up to which party they voted for or confirming or denying they were on the square can apply in good conscience to my boss Jack Straw via the Appointments Committee.

I wonder what changes in the Ministry`s estimate of what makes a good magistrate will be mandatory in 2020.

EAST ENDERS MORE VIOLENT THAN THE WILD WEST

 14. Feb. 2010. – 17:11:25

Since its availability to the whole population there has been a continuing discussion whether watching violence on TV has any effect on children. Most caring parents of under eights would certainly take note of the 9.00pm "watershed" even just to ensure their little darling gets enough sleep. Advertisers who pay millions to advertise products that appeal to children insist that there is no danger to children in some of the programmes paid for by that advertising insofar as children are able to discriminate real life from fantasy. Many who are "expert" and many who are not so "expert" disagree.

What is not in dispute is that many young children watch Eastenders. I have to admit that I have never seen the programme but have been aware of its transmission from the shouting and screaming from the room where others in my house have been watching it. So it was no surprise to read that in it’s 25 year history, which will be marked with a special live episode on February 19, there have been 70 deaths – 16 of which were violent. That represents a 22.8 per cent murder rate, way over the national average of 0.032 per cent.

If children in families where incoherent argument and violence are perhaps just below the surface are exposed to this "in your face, like it is" material three or four times a week is it not likely that their bases for normal behaviour will be altered? It`s possible to argue that violent video games are seen to be fantasy and have limited effects on juvenile behaviour but "family" programmes with content as described above are not the same thing. I say bring back "Wagon Train" and "Gunsmoke".

 

 

A SCOTTISH "ALCATRAZ"

 13. Feb. 2010. – 14:56:02

There is increasing confusion of whether or not the Ministry of Justice has persuaded or succeeded in that persuasion to the judiciary that it reduce the numbers being imprisoned. There has also been disquiet that magistrates are making too many suspended sentence disposals. Whether that is to imply that the sentences should not have been suspended and incarceration should have been immediate or that they  should have not been imposed at all is a moot point. What is not in doubt is that this government has not provided enough prison places.
The Belgians have had similar problems and in an attempt to alleviate the situation have paid their cousins in Holland to take 500 prisoners for £26 million per annum. What a sensible idea!

Dartmoor Prison is perhaps the best known gaol in England. Opened in 1812 in its hayday it was a fearful place where it could arguably be said that the cure was as bad as the disease. It no longer has the cache of holding the country`s worst offenders. It is a category C institution. Dangerous convicts are distributed throughout the country.

Taking the Belgium/Holland example a stage further there are dozens if not hundreds of uninhabited Scottish islands in the Atlantic. Is there any good reason cost excepted why a Scottish "Alcatraz" could not be built and its space rented to England? The weather`s conducive to being active to keep warm and the water`s very cold and deep in places. True there are no sharks but then many islands are tens of miles from shore unlike Alcatraz which was about one mile off shore from San Francisco.
It`s not often Belgium sets an example to the rest of Europe but in this matter I give their authorities five gold stars.

DO CRIMINALS HAVE NO CHOICE BUT TO COMMIT CRIME?

  12. Feb. 2010. – 12:27:04

The debate about whether "nature or nurture" has the most effect upon our personality and behaviour has been around in its current form for over a century. Whilst the Freuds and Jungs of this world relied upon dreams, memories and ephemeral considerations of family life, behaviourists, physiologists, bio-chemists, biologists, anthropologists and geneticists amongst others are increasingly opening up opinions of what makes us what we are. The upshot of their researches is that we are the product of the electrical and bio-chemical reactions within our brains. If this research continues to discover evidence of what could be termed pre-determination then what lessons does it have for our current thinking on an individual`s innocence until proved guilty in court of law?

The first Intellectual Disabilities and Criminal Justice Conference, organised by the University of Chester Faculty of Health and Social Care will take place on July 8, 2010. It will analyse the relationship between intellectual disability and the criminal justice system.

For "intellectual disabilities" it is easy to substitute "low IQ" and to progress to a situation where in the name of "crime prevention" action is taken against those whose "likely criminal behaviour" is considered to have breached a threshold. The film "Minority Report" starring Tom Cruise explored this subject with some critical success. What the academics conclude at Chester will make for interesting reading.

WHEN DETERRENT SENTENCES ARE A WASTE OF TIME

 12. Feb. 2010. – 14:15:33 

On 11th January I commented on the reduction in local court reporting; LOCAL COURT REPORTS ARE A THING OF THE PAST

An erudite legal blogger has posted interesting facts on deterrence as applied in the justice system. However he misses one crucial fact and that whatever is in the mind of the law maker or sentencer the "deterrent sentence" must be promulgated to the others with a propensity to commit similar crimes. For high profile crimes national news programmes and newspapers take an almost ghoulish interest but for low level crime local TV news and newspapers hard copied or on line are the obvious places where such reports would be aired. But with reduced viewing of local TV and court reporting per se increasingly a rare event this just doesn`t happen. Of course there is the word of mouth network in pubs and other places where people of like interests congregate but can deterrence work at a low level. My opinion is that it cannot. 

DEVON & CORNWALL POLICE ARE AN EXAMPLE TO THE MET.

 

11. Feb. 2010. – 11:18:41

On 6th February I commented on the police chief in Hounslow blaming magistrates` courts for the high rate of burglaries in the town. It was his contention that if burglars were remanded in custody between court appearances the problem would be almost solved. His colleagues in Devon and Exeter Police are more realistic and are getting on with their job of protecting us, the public, instead of trying to shift the blame to others.

In 2008, 610 house burglaries were reported compared with 402 in 2009 — a reduction of more than 34 per cent. Detective Sergeant Tim Thornton, of Exeter’s burglary team said the city’s burglary squad continually monitor the movements of known offenders. He continued, "The process is quite simple — find out who is responsible by gathering evidence from a number of sources, ensure prompt arrests and secure convictions. It’s then about keeping track of known offenders, monitoring their movements and habits and working on intelligence. If they re-offend or are not rehabilitated the process is repeated.”

It could be argued that comparing crime in Wild West London and crime in rural Exeter is not comparing like with like. It cannot be argued that by attacking the courts Chief Superintendent Bilsen in Hounslow has revealed a mind set which if typical in the Metropolitan Police Service is disgraceful. I hope that by now the Commissioner of the Met has reminded his senior officers of where their job begins and ends; certainly not by slagging off magistrates.

BREACH OR NO BREACH? YOU COUDN`T MAKE IT UP

 

09. Feb. 2010. – 11:54:33

 

If ever there was a situation where accurate up to date information must be readily available it is on the desk of the Legal Adviser to a Bench of Magistrates. When papers are missing or inaccurate the consequences can vary from hilarious to horrendous. When a court is still sitting at 5.00pm which is not uncommon office staff have usually left and those in court must resolve any difficulties on the spot. Such a recent late sitting involved a woman arrested earlier in the day for breaching bail conditions in that she was seen entering the street where her lover lived although it appeared to be a condition of bail not to do so. It seemed on the surface clear enough. However the Police National Computer indicated that she was on conditional bail for two alleged assaults a month apart two trials having been set for March and April. One set of conditions forbade her from going to the complainant`s address and the other from entering the street where she lived. The Legal Adviser had papers in front of her only for one of the incidents. The Crown prosecutor had no papers for the first charge and defence lawyer had knowledge only of the other matter his client having another firm of solicitors for the first case. A sentence including the words brewery and organise came to mind. The defendant faced a night in the cells. With pragmatism borne from necessity the CPS was persuaded to drop the bail charge and the two sets of bail conditions were harmonised preventing entry to the complainant`s street. The defendant was given a very strict warning as to the restrictions on which she was released.

What would Rumpole of the Bailey have made of it? No doubt another tale of woe to be washed down with a bottle of Claret in his favourite Fleet Street watering hole.

---

A PRAYER MAT or a FLYING CARPET to GET OUT of JAIL

 05. Feb. 2010. – 12:47:04

It seems that the wife of our former dear leader has opened her mouth once again a little too wide. A few years ago she was criticised for understanding the motivation of Palestinian suicide bombers. And it is recorded that she made efforts to explain why she boarded a train to Luton without a ticket in contradiction of unambiguous regulations.

Cherie Blair is a judge. She has been appointed to this onerous position because the Secretary of State for Justice and his predecessor The Lord Chancellor considered that she had the competencies to do the job. When I was appointed to the position of Justice of the Peace some years ago one of the requirements was to indicate that one possessed "common sense". Interestingly that requirement is now not investigated but that`s a tale for another time.
Below is a report from the BBC Website.

A secularist group has lodged an official complaint against Cherie Booth QC after she spared a man from prison because he was religious. Shamso Miah, 25, of Redbridge, east London, broke a man's jaw following a row in a bank queue. Sitting as a judge, Ms Booth - wife of former Prime Minister Tony Blair - said she would suspend his sentence on the basis of his religious belief.

The argument of whether or not she was judicially correct in her decision that being religious was enough mitigation to avoid immediate imprisonment for the thuggish behaviour is being investigated.
But what interests me is the term "religious"....... "having or showing belief in and reverence for a deity; "a religious man"; "religious attitude"
So if a mistletoe waving druid was in court in front of Ms Blair and confirmed his devotions to the wind would his being "religious" allow him the same lenient treatment? Would a member of the cult known as scientology but whose members consider themselves privileged followers of the one and only way to Paradise be given the same status when the term scientology has even been banned from Wikipedia?

This is a monumental decision by the Arbitration Committee. Individual people have been banned before from editing on Wikipedia pages, but never before has such a large organization been banned completely from editing Wikipedia pages. The case has been running for a while now, but the evidence presented was convincing enough: members of the organization that calls itself a church, but many consider to be a dangerous cult, have systematically edited relevant pages on Wikipedia in an organised fashion.

There is no doubt that when religious matters begin impinging on the general columns of our newspapers rather than in articles by religious correspondents trouble lies ahead. Will the good lady be criticised by her superiors? There is more chance of snow falling on May Day! 

WHEN DOMESTIC VIOLENCE HITS THE BUFFERS

 

05. Feb. 2010. – 11:35:46

"It`s just a domestic". Not so long ago that was the response in many cases when a woman [usually] complained to police of having been assaulted by her husband, boyfriend, partner. It was a scandalous misnomer which covered incidents of varying degrees of violence from being pushed around to broken bones and worse.

Being driven in part by increasing assertion of womens` rights, perceived inequality and the 1997 Labour government`s realisation that the womens` vote was theirs for the persuading, pressure was put upon police to "take no prisoners" when reacting to calls for help from "battered women".

"Domestic Violence"........it exists in the English language but not in law. There is no such offence! The term covers offences within a domestic context; acts of violence or abuse against a person living in one's household, especially a member of one's immediate family. In Magistrates Courts the charges are Common Assault or Assault by Beating and as per the definition can include violence towards any family member by another. It is generally accepted after extensive studies here and abroad that a complaint is made to police only after as many twenty or more such incidents have occurred. Often these offences are committed behind closed doors and the alleged victim is the main or usually only witness. It is therefore common for the alleged perpetrator to intimidate the alleged victims, 90% of whom are female, in order to avoid evidence being given against him. It became the practice a few years ago for the Metropolitan Police to declare that in conjunction with the Crown Prosecution Service all such cases would be pursued even when the complainant refused to testify. And thus was born the current policy of "Domestic Violence".

But the Crown Prosecution Service also has its own criteria on when to prosecute. In short these are that the matter must be in the public interest, be cost effective and that there is a reasonable chance of a conviction. If the complainant for whatever reason withdraws in writing the allegation and makes it known that she will not come to court and even if she were to be forced to come to court will not repeat the original allegations in the witness box the last criterion is in tatters. Although there are legal get outs, particularly hearsay evidence, it is very difficult to convict without the alleged victim`s co-operation. From my personal experience of such matters I have an impression, and it is only an impression, that the CPS is reluctant to withdraw from cases where there is very little likelihood of conviction. That is in direct opposition to its own policy.

Obtaining figures to confirm or refute this impression is very difficult. It is obvious that if it were widely known that a violent man would not be prosecuted if his partner refused to give evidence against him it would increase the likelihood of further intimidation and more serious violence.........the very actions the policy is designed to avoid. What is certain is that some serious consideration must be given to putting this subject on the agenda for thorough overhaul if and when the incoming government enacts legislation for serious purpose as opposed to gesture politics or reacting to current events with the consequent kneejerk reaction that was apparent when The Dangerous Dogs Act was drafted.

END OF DAYS FOR MAGISTRATES?

 

02. Feb. 2010. – 12:41:38

In February 2005 Magistrates' Courts lost the power to deal with liquor licenses ie pubs, clubs, restaurants opening hours, suitability of licensees etc. The power was given to local authorities with Magistrates' Courts acting as Courts of Appeal.

Since then this government against most of the advice it received proceeded to implement its plan to turn England & Wales into the "cafe society" common on the continent where most people including teenagers can drink in bars and restaurants almost around the clock without the displays of drunken anarchy found on our streets from Andover to Yarmouth and including most towns in between.

Since then all the disease trends amongst heavy drinkers have escalated. Binge drinking, liver disease, drunkenness associated with criminality have appeared to be on the increase.

The Magistrates' Court, a local institution for 650 years, is being eroded. The result of removing its powers as described above and allowing a single District Judge to officiate at trials and high profile cases eg Pete Doherty last week, is a signal that our days might be numbered.

Think about it.....if you were on trial would you prefer three local people to decide your case and if proved to sentence you or that a single Judge performing as judge and jury took over both these functions?

WHO RUNS PRISONS? INMATES, EMPLOYEES OR THE GOVERNMENT

 
31. Jan. 2010. – 15:10:02
There are three constituent parts of any criminal justice system, the process of catching suspected offenders, charging and convicting them in the courts and incarcerating them in prisons. The first two components consist of many people with corresponding checks and balances to ensure justice is done with fairness to all and is seen to be thus done. However when it comes to the running of prisons in general the governor is "king" and almost but not quite an absolute monarch. Controversy erupted last year when it was revealed that governors had power and were using that power to release prisoners far sooner than anybody had authorised.

If prison governors are "kings" then prison warders are the "nobles" and as we learn in history kings and nobles were often in conflict as to where the power would lie. In prison it is forbidden for inmates to possess or use mobile phones, drugs, or to use networking sites. So there is no drug problem in jails.....? no criminal activity involving mobile phone contact between convicts and the outside world.....? And today in the Sunday Times it is revealed that one of the country`s most notorious gangsters was using his Facebook account to threaten his enemies.

It has been said by many with knowledge that the Prison Officers Union is the last bastion of left wing union extremism where union power and not the management is in control of the work place . Similarly it has been said that whilst drugs are illegal if they were totally excluded from jails there would be serious riots with the result that to a certain extent a blind eye is turned to the illegal supply in prisons. If using Facebook is contrary to prison rules how does a dangerous inmate access it without the knowledge of those paid to keep him secure and out of contact with the public at large?

If prisons are being run for the benefit of a quiet life for their employees as a first consideration and the protection of the public as a second somebody should explain.

P.DOHERTY,13 WRAPS of HEROIN & £750 FINE

 

30. Jan. 2010. – 14:53:07

There`s an old well used phrase, "everyone`s equal but some are more equal than others". Where this application should apply is within the criminal justice system. There are often media reports from places as diverse as Russia and Rwanda or Cambodia and Cameroon where, when justice meets the individual, it`s not what you are [a free citizen] but who you are. In my opinion there is a similar trait occasionally appearing in this country.

On Wednesday January 20th the singer Pete Doherty appeared at Gloucester Magistrates` Court in front of a District Judge....why the good judge and not a bench of three magistrates, but that`s another story.....charged with possession of thirteen wraps of heroin. Apparently when he was at Gloucester Crown Court in December the drugs had fallen out of his coat pocket. Seems he has an unusual desire for publicity or he`s just plain stupid. The guideline punishment for such an offender with a clean record ranges from a "medium level" community order; eg 180 hours unpaid work plus perhaps other orders to sentencing at Crown Court which could indicate more than six months in prison and that`s for somebody who hasn`t any previous drugs conviction. Doherty, 30, was charged with possession of heroin and fined £750 with £85 costs. The judge explained that he was not putting him on a drugs rehabilitation order because he was able to afford that for himself. It is unknown whether the judge explained why he was given such a lenient sentence.

It is high profile cases like this that in my humble opinion lead to questions regarding my opening sentence. Because they are in the public eye should those such as Doherty be treated any differently from Joe Public? Do we expect higher standards from them? Why was the fine so low even considering that most other offenders in similar circumstances would be disposed of with a higher band having gone beyond the point at which a fine was suitable punishment.

So if you`re of previously good character, have a six figure income and you accidentally drop thirteen wraps of heroin in court ask the judge or bench of magistrates why you should not be treated like Mr P.Doherty was?

AN UNUSUAL DAY IN COURT

 

29. Jan. 2010. – 16:53:46

It`s bit like waiting for a bus on a rainy night; none comes for ages and then three at once. I suppose many jobs are routine.....even a heart surgeon or a rocket scientist has a pathway to follow in order to perform his task effectively and then there`s the one situation when the format has to be radically changed for successful completion.

Looking through my 2009 diary before consigning it in a drawer in case I might need an alibi sometime to prove my innocence....can`t be too careful.......I was reminded of a day last April when three matters came on one after the other.

The first was a drink driver having pleaded guilty........not guilty is extremely rare.... had his counsel tell us in confirmation after we had read reports from probation prior to sentence that he would be unable to do unpaid work because he worked eight hours a day seven days a week . Although this young chap stated that he earned £2,750 a month after tax working in retail sales we thought this highly unusual and difficult for us because his conviction fell right into the unpaid work category for punishment. On questioning it was admitted he worked in the family business and earned £3000 after tax. Needless to add his family business had to do without his overtime services for the next six months.

The next chap, also drink driving, had an alcohol level in breath of 191 ug in breath.....so high it`s off the scale. He was told he was lucky to be alive and his prison sentence was suspended so he could have treatment for alcoholism provided through the probation service. Considering he was only 24 years old if he doesn`t stop now that level of drinking will probably kill him sooner rather than later. I hope he`s not been tempted to break his driving ban drunk or sober.

And finally a professional beggar with previous who was disabled and had an alcohol problem arrested at a nearby railway station where he had been frequently observed by colleagues on their way to and from court and now charged with begging and harassing two women late at night by threatening words. He couldn`t be imprisoned to protect the public...law doesn`t allow it....couldn`t be fined......what would he do?....beg for the fine money........so he was sent away with the "punishment" known as a conditional discharge for six months. If he is convicted at any court in the six months he`ll be back again for the original matter to be re considered.

Just an unusual April day in court.

TAKE "GOOD" BABIES FROM EVIL PARENTS?

 26. Jan. 2010. – 14:31:54

Generally it has been considered in the balance between "nature" and "nurture" that a baby even with the most dreadful genetic origins if cared for by and within a loving family can develop into  an upright citizen. This position has been reinforced by studies which show that a baby`s brain and the nervous connections within it grow and take form for some years and even to the late teens the adult brain is still approaching its final configuration. The Society of Jesus commonly known as the Jesuits knew this centuries ago..."Give me the children until they are seven and anyone may have them afterwards." St.Francis Xavier.

With the current case of the two children in Edlington the option of removing the children from their home environment has been and gone. But can this be the event which finally removes the social services from the mantra that where possible it is preferred not to remove children from their parent[s]. Perhaps the question should in future be changed to "why should this child not be removed from a parent and placed with family well vetted and approved for adoption".

As a family man and self admitted libertarian it is difficult to accept that a child and society could? would? benefit from such an authoritarian action but the disfunctionality in our society, even if we don`t all agree with a certain Mr Cameron, has reached such a level that the choice is now upon us.

SOUTH AFRICA, FREEDOM OF INFORMATION ACT, FARENHEIT 451?

 25. Jan. 2010. – 14:47:25

Many thousands of pages have been written about the situation when the "rock" of the freedom of publication of news meets the "irresistible force" of the state`s duty of public protection. Indeed the First Amendment to the Constitution of the U.S.A. guarantees this freedom. It is a matter of perennial debate in this country and every so often a case arises which hits the headlines.

This won`t hit the headlines but for those who can remember South Africa before Nelson Mandela, when an apartheid government governed often by decree, to read of a case where two journalists have rejected demands to reveal full details of two people they interviewed suspected of planning attacks against visitors to the World Cup a breath of fresh air wafts through cyber space. The case against them at Johannesburg Magistrate's Court was postponed today. The Police Minister said, "we have a constitutional obligation, we think that freedom of expression in itself is not absolute and it can't be absolute at the expense of safety and security in the country."

Thirty years ago there were few non white journalists working in South African TV. Thirty years ago any journalist daring to criticise or refuse the government was a hero risking all. Would that government here was moving along a path of improving openness. The Freedom of Information Act is certainly of benefit to we ordinary citizens but only when the temperature of enquiry doesn`t get heated.

Recently The Independent won a three year battle to publish secret correspondence between Buckingham Palace and the government concerning the cost of the monarchy. The Information Commissioner gave the government 35 days to release letters sent during negotiations for an increase in the civil list. It was reported a few weeks ago in the Daily Mail that Gordon Brown plans to use his veto to block publication. Obviously the temperature is getting too hot....Fahrenheit 451?

"STOP AND SEARCH" or SEEK AND YE SHALL FIND

 

25 Jan. 2010. – 12:11:15

There are lies, damned lies and statistics. This phrase of uncertain lineage has been around for over a century. It is even more apposite now in the age of the spin doctor. Nowhere are spurious so called facts and figures thrown at us more often than in the analysis of all that is associated with criminal behaviour.

The latest figure to enter this debate is Professor Marian Fitzgerald visiting professor of criminology at Kent Crime and Justice Centre, University of Kent who states that There is little connection between the use of stop and search powers by the ­Metropolitan police and reductions in knife crime.

It is not my intention to dispute here what the professor is assessing from the figures she has used but the effect isolated analyses such as these have upon a largely innumerate population.

Conclusions such are reported mean absolutely nothing without knowledge of the professor`s remit and sponsor, without detailed information of those actually stopped and searched, their previous criminal history, the consequences of the stop and search eg the arrest rate, the number of cautions issued as a result, the charges [if any] brought and the conviction rate and final sentence of those brought to court. Perhaps some or all of these numbers missing are in the professor`s paper and perhaps not. But the net result is purely political and will be another misleading avenue down which our political parties will travel in the coming four months in their attempts to convince us they are or are not doing all they can in the matter of protecting the citizen and punishing the guilty.

IT`S NOT WHAT YOU SAY; IT`S WHAT YOU MEAN. SOME PERSONAL HUMOUR

 

22. Jan. 2010. – 16:27:20

How often in general discussion do we ask for a remark to be repeated because although we heard what was being said we hadn`t actually been listening. Sitting in court one trains oneself to listen to everything that is said. As I was listening to a Weather Forecast on TV last night the forecaster began by saying, "Most of us will have a wet and windy night". Speaking to my wife for both our sakes "Not me I hope."

CRIMINAL JUSTICE NORFOLK STYLE

 

22. Jan. 2010. – 15:52:24

Every part of government expenditure is being closely examined in order to determine where savings can be made........or so we are told. Within the Criminal Justice System and Her Majesty`s Court Service in particular there is currently a shortage of Legal Advisers and support staff at all levels. Judging by hearsay evidence from individual prosecutors and the apparently increasing inefficiencies at the Crown Prosecution Service that service is in need of all the money it can beg, steal or borrow. At the very least one would expect it to use its limited resources as effectively as possible.....not so in Norfolk....see my previous blog "TRULY THE INMATES ARE RUNNING THE CIVIL SERVICE ASYLUM" [also in Norfolk]....where the CPS charged Chantelle Amies, 19, with criminal damage insofar as she was alleged to have poisoned her neighbour’s fish, worth £7, by putting bleach in their bowl during the course of a disagreement. She appeared before magistrates at Norwich on Thursday January 21st. Unfortunately the water in the fish bowl was not sent for testing by the Police so the case was not proceeded with owing to there being not enough evidence likely to have secured a conviction. Witnesses present at court were not needed and all the costs associated with bringing the matter to court were a true waste of tax payers` money. Matthew Elliott, chief executive of the TaxPayers Alliance, said: “The CPS is meant to filter out cases that are too weak to secure a conviction, so it is bizarre that this case got so far."

A year or so ago a case involving theft of a banana worth 25p heard before a jury at Crown Court was thrown out after the jury took all of 15 minutes to acquit the defendant. At that time it was said the CPS would add what I describe as the "is it worthwhile" test to the various thresholds the CPS has in place to determine whether or not to prosecute in any individual case; ie would it be worth the cost to the public purse?

Norfolk as a county has been and is the butt of many a comedian`s joke about its inhabitants being inbred and therefore with limited intellectual capacity. Recent events might indicate to some but of course not this observer that the level of awareness of certain organs of the body known as the Criminal Justice System need a hefty dose of castor oil to clear out their blockages.

MAGISTRATES & OPERATION BLACK VOTE

 

22. Jan. 2010. – 13:41:24

In our country there are some who say that all appointed officials whether they are school governors, members of the various health service committees or indeed any advisory body or similar should be representative of the society in which they live. For the rabble rouser that is indeed a worthy slogan but it had most significance when it became the rallying cry of the colonials in Boston in 1773..."no taxation without representation". However in a truly free society it would be beyond the ridiculous if representative became the major watchword in such appointments minimising ability. Such reactions are currently fuelling debates on whether or not eg universities should reduce entry standards for pupils from schools with relatively low academic standards or higher than average numbers of children entitled to free school dinners. With a limited number of places available every offer to such a "deprived" pupil reduces the availability of a place to a "non deprived" pupil with higher levels of achievement. Positive discrimination in America has been criticised by many independently high achieving black people but that is a controversial area where I will not go further.

But it is one of those proponents of Afro American advancement, Al Sharpton, who officiated at a recent reception to celebrate the appointment of 50 black magistrates. In this instance the term "black" embraced various shades of brown as many of the new appointees were of Asian origin. This was a final scene from an Operation Black Vote shadowing scheme. A government minister told them they had successfully changed the face of the magistracy. OBV director Simon Woolley said that the unique partnership had radically changed the magistracy. He commented: ‘Martin Luther King had a dream – and you are part of that dream. But he had more than a dream; he had a plan".

It would seem that ideas and actions from America are being imported and accepted into this country which has such a different history with regard to race relations. Contact with foreigners of whatever race has been endemic for a trading nation. Unlike America whose black population was originally imported as slaves for the plantations of the southern states and whose freedom was as a result of a civil war which killed more Americans than WW1, WW2, Korea and Vietnam combined our citizens of Asian and Afro Caribbean origin were either invited here to work or were welcomed as refugees from the sub continent or East Africa. The truly racial hatred which existed and to a degree still lurks under the surface in the USA existed here only in the hearts of a small percentage of bigots. They are of course unfortunately still around often to be discovered under a stone labelled BNP.

The National Black Police Association states on its website:-

“The NBPA will work in the interests of the UK police services and be an integral partner to ensure equitable service for all and for the Black and Minority Ethnic (BME) staff who we represent.

We will also advocate the needs and expectations of BME
communities by delivering and supporting strategies and
initiatives which have a positive impact on all”

How long will it be before what could be described as a divisive action will be undertaken by those at the ceremony and the hundreds if not thousands of current JPs who have performed and are performing their duties as Magistrates, not black magistrates, not Asian magistrates, not Muslim magistrates, not Hindu magistrates but simply magistrates.

It is unknown whether the various Appointments Committees were in any way "directed" however obtusely in this "Operation Black Vote". It is unknown whether any of the successful candidates was appointed purely on merit or would have applied without OBV. In my opinion the doubts raised by this process should be answered.

During the celebrations Justice Minister Bridget Prentice noted that a survey of magistrates found that 97% of JPs would recommend it to a friend. Aside from the fact that the Magistracy cannot be considered as one would consider a brand of margarine I would state that neither I nor my local colleagues nor JP contributors to the Magistrates Association private Forum seems to have heard of such a survey. Perhaps a colleague with knowledge will comment.

Some would say " Appearance is all". To that extent OBV has been a resounding success but at what cost?

PERJURY AND THE LAW OF THE JUNGLE

 

21. Jan. 2010. – 12:01:21

It`s not very often that a charge of Perjury follows from proceedings at a Magistrates` court. But for a Mr Plews of Middlesbrough the game was up yesterday at Teesside Crown Court where he pleaded guilty to having made a false statement trying to avoid a driving ban because of “exceptional hardship” at Teesside Magistrates’ Court last year. He had been charged with using a mobile phone while driving and using a vehicle without insurance. He had originally presented in his evidence a letter supposedly written by Mr Belal Aslam Khan. He told the Judge at Crown Court that he wrote the letter on headed notepaper provided by Mr Khan. He was remanded in custody for reports prior to being sentenced.

It is unfortunately the case that many offenders believe that they can lie at a Magistrates` Court especially in cases concerned with driving whether eg excess alcohol, insurance or identity of driver. There should be no sympathy for Mr Plews who is likely to be imprisoned for his efforts to cheat the law. When the law can be sidestepped by lying or bribery or threats we are but one step from the original legal system; The Law of the Jungle.

TRULY THE INMATES ARE RUNNING THE CIVIL SERVICE ASYLUM

 

21. Jan. 2010. – 11:17:54

The security of magistrates across Norfolk has been compromised after their personal contact details were mistakenly sent to a prison. The BBC has learned the magistrates' year book, containing names and phone numbers, was accidentally sent for printing to HMP Standford Hill in Kent.
Her Majesty's Courts Service's area director has written to all magistrates to say he is "desperately sorry". Hard copies of the document at the prison have now been destroyed.
Security procedures have been tightened to ensure the mistake did not happen again, a spokesman for HMCS said.
The above was published earlier today on the BBC website.

It seems that government departments and of course some of their employees are operating in a different universe from the rest of us. After all the high profile cases of missing documents, DVDs with legs, laptops left everywhere but where they should be left one would have thought that right down to the shredding department in a basement in Whitehall the possibly illegal immigrant doing the shredding would have been warned to exercise extra care. Custody is designed partly to attempt the rehabilitation of prisoners. Teaching them to read [one third are illiterate] is surely preferable to having them print any sort of confidential material.

This is a serious disciplinary matter and in in some quarters would justify immediate dismissal of those directly responsible. Will that happen in Norfolk? Bet your very last bottom dollar it will not. Employment legislation makes it difficult enough in the private sector to sack employees without risking a fortune on legal fees but in the Civil Service.....it`s about time that term was changed....any offers???........it`s damn near impossible.

ARNDALE CENTRE CRIME; ARNDALE CENTRE COURT

 20. Jan. 2010. – 14:35:42 

At various times in the 650 year old history of the institution of local Magistrates the post itself has been brought nearer to "the people". A century ago especially outside London the local "bigwig"...an interesting term in itself meaning important person.....was the Magistrate. It was only after the Great War of 1914-18 that women were able to acquire the initials J.P. Since the 1960s great efforts have been made to open up the magistracy to ordinary folk doing ordinary jobs but who have the extraordinary skills required to sit in judgement over their fellow citizens. The underlying ethos is that justice should be brought right into the community so that it is carried out simply and speedily to punish wrong doers and satisfy those who have suffered from the wrong doing. 

Currently the Ministry of Justice is experimenting with "virtual" courts; effectively mini courts within police stations linked to "proper" courts by CCTV. This is highly controversial and has been criticised by many lawyers and magistrates although generally welcomed by police.
Now the chief constable of Greater Manchester Police has suggested that shopping centres – and he wants Manchester's Arndale to be the first – should contain mini magistrates courts which would try shoplifters on the spot and maybe even a mini-police station with holding cells. We are told this instant "try and fine" regime would be preferable to taking suspects to a police station to be charged and then waiting a week for them to appear at court, plead guilty and be fined according to national sentencing guidelines. John Thornhill, chairman of the Magistrates Association, was quoted as saying: "We need to be taking justice to communities and it seems to me having a court in the Arndale Centre would be one way of doing it. In principle, if we can deal with things speedily and pragmatically we are happy to do that." Not all agree. This observer is of the opinion that at a time when the Ministry of Justice is considering closing one third of existing courts to save money it makes no sense whatsoever to attempt to establish what could only become an ineffectual minimum apology for a court with or without a Costa Coffee and a Subway nearby for lunch. 

Also sceptical was Mike Mackey, ex president of the Manchester Law Society who was quoted as saying, "Are the magistrates going to have a shop window in Boots? This is the chief constable shooting from the hip. It all sounds very wonderful but there are a couple of problems with it. First, if police arrest someone it doesn't necessarily mean they are guilty. Before they get to charging anyone they have to be interviewed under the Police and Criminal Evidence Act and require access to a lawyer. Are they going to be in the Arndale Centre too? My worry is these will be kangaroo courts."
So with apologies to the kangaroos I would opine that this is another attempt by a government trying to pull back from properly funding our Criminal Justice System because our current Prime Minister wilfully and arrogantly enjoyed ten years spending our taxes in a manner which was not just imprudent but almost criminally deceitful, a government trying to obtain short term headlines that "it is acting on crime and the causes of crime" in conjunction with a police service which with some honourable exceptions does not understand the term "police state" and thinks it begins with jackboots and dungeons when in reality it begins when the rights of ordinary innocent law abiding citizens are made subservient to the "efficiency" of an all mighty state and ends with jackboots and dungeons. 

BLOWING A TRUMPET FOR MAGISTRATES

 

19. Jan. 2010. – 12:42:26

The higher the public profile and the greater the responsibility the more an individual has to jump the hurdles of appropriate and honest behaviour. Indeed in an open society under the rule of law many if not most people can reach those standards whatever their level of wealth or education. When the scandal of M.P.`s allowances became public last May most of us were more than just angry; we were dismayed that those in whom we put our trust had betrayed us and that trust. That is why the penalties in many professions eg teaching, law, medicine...up to and including prohibitions on ever working in one`s profession ever again are in place.

In 2008 1,899 new magistrates were appointed after a ruthless investigation into each applicant`s abilities and background. In the last twelve months 17 magistrates were relieved of their positions for behaviour including theft, misrepresentation, perjury, use of racist language amongst other reasons. These raw figures seem to indicate that considering the total number of JPs is around 30,000 the public can have reasonable confidence that the people on the bench are an honest respectable lot doing their best for society and taking no salary only real valid audited expenses for their efforts

TO CAUTION OR NOT TO CAUTION? THAT IS THE CHOICE

 

17. Jan. 2010. – 17:05:37

Much has been made of the supposed caution given to "TV personality" Myleene Klass. Whether or not this was a great big bit of tabloid journalism combined with Ms Klass`s PR company is another matter. However in the case of police cautions it is not obligatory for an individual to accept being cautioned. Having a caution against one`s name is still a matter of public record and will be recorded on the Police National Computer. For those in occupations where declaration of convictions is required, and with the current increase in the numbers being vetted, such an entry is almost equal to a lost job opportunity or worse still; a sacking.

My advice to those who consider a caution is unjust is that it should be refused. Then it is up to the Crown Prosecution Service to decide whether or not to prosecute. If that is decided the individual will be required to attend court, plead not guilty and take his/her chances at trial before a bench of three magistrates. You pays your money and takes your choice!

A STRANGE APPLICATION OF PROCEEDS OF CRIME ACT

 17. Jan. 2010. – 17:05:37

Quoted below is a report published today in the Huddersfield Examiner
Cans of beer seized from a Huddersfield shop are set be donated to charity. The landmark decision by Huddersfield magistrates yesterday came after licensing officers and police discovered Gohar Superstores in Paddock was selling alcohol without the necessary licenses.Now magistrates have ordered that the £300 worth of booze seized from the Church Street shop goes to Kirkwood Hospice.
It is thought to be the first time Huddersfield magistrates have written the name of a charity into a judgement for seized goods.Shop owner Allah Ditta Gohar was fined £605 for the offence at Huddersfield Magistrates Court yesterday.
Mr Gohar claimed he thought a former business partner had obtained the licences but council officers said no applications had ever been made.
Kirklees Council’s prosecutor Carol English said it was the first time she had used seizure powers to benefit a particular charity and said it was the idea of licensing manager Cath Walter.

This is a very strange application of Section 58 Power to sell seized personal property {obtained by criminality} my parenthesis: England and Wales. As far as I can see there is no authority in the Act for donations to charity of seized goods. On the contrary the powers are to sell the goods so that the proceeds go into the big tin box under his bed where the Chancellor or the Exchequer keeps all the nation`s loose change. Who knows where this could end? I`ll say it again....a very strange disposal of assets.