Compared to the
situation twenty years ago magistrates retain little autonomy on the running of
the courts named for them. There are of course minor variations across the
country but the essence of the current situation is that we are treated by
HMCTS as unpaid employees and that we are in a position where we must obey the dictates
of Justices` Clerks some of whom, as senior civil servants, look upon their
posts more as greasy poles at the top of which are some of the most powerful
positions in the country.
The extent of
this control was apparent to me recently.
A call came through to the retiring room about 1.45p.m. from a colleague
due to sit in the afternoon. She had
been unable to speak to anyone in the justices` liaison office; the line had
gone to voicemail since 1.00p.m. when she first rang. Her simple message was
that a family emergency had required her attention and she would not be
available as a chairman. Discussing this
with colleagues we quickly concluded a minor shift in the three afternoon
benches` compositions ensuring that the usual preferences…..gender and ethnicity
were incorporated and informed the first of the legal advisors who appeared a
few minutes later. But, we were told,
the situation had to go to the bench legal manager who would make the
decision. In due course he rubber
stamped the situation.
And this is a simple example of how
we are considered as unpaid employees.
We are empowered to deprive a person of his/her liberty for six months but
considered unable, knowing the requirements which are desirable, to constitute a
few courts in an emergency.
Magistrates`
Courts? You`re having a laugh.
Not sure why you accepted what the legal adviser said. After all, the bench legal manager can't instruct the magistrates to change their decision and sit differently. In my LJA it is the magistrates who decide how to adjust the courts in short notice situations like this. You're right that HMCTS is muscling in on judicial territory but sometimes, as on this occasion, it is because magistrates are letting them.
ReplyDelete"it is the magistrates who decide how to adjust the courts in short notice situations like this"..............
DeleteThat`s my point Sub Rosa........it appears that HMCTS via instructions presumably from Justices` Clerk down to legal manager has taken that power.
Not sure why you approved what the lawful advisor said. After all, the regular lawful administrator can't advise the magistrates to modify their choice and sit in a different way. In my LJA it is the magistrates who choose how to modify the legal courts in brief observe circumstances like this. You're right that HMCTS is muscling in on legal area but sometimes, as on this event, it is because magistrates are allowing them to.
ReplyDelete........................
magistrates court