As I
approach the end of my tenure as a magistrate my cynicism is increasing
as fast as the Ministry`s trumpet blows its shriek notes about improving
efficiency by the digitalisation of all court files and the implementation of a
policy of video justice at distance.
Whilst the mismanagement, at my court at least, continues to make the proverbial brewery piss
up seem like Harvard Business School best practice audit, the magistrates` courts system will never
offer criminal justice simple speedy and
summary in a quantity required to
offer confidence to all participants.
Yesterday morning`s trial involved a
defendant from Finland and a complainant from Poland. Three hours had been set aside. It had been
listed three times previously. All
witnesses were available. We were
sitting in a courtroom equipped with screens as agreed thus allowing the
complainant to give her best evidence in what was a domestic violence
matter. The Polish interpreter as indicated
in the case management form was outside awaiting request to enter when defence
council rose to his feet to inform us that no Finnish interpreter had answered the usher`s tannoy request to come to the courtroom. Our legal advisor confirmed that a Finnish
interpreter had indeed been specified on the form. We retired whist inquiries were made. It transpired that in order to improve
communication between courtroom and administrative staff when an interpreter is required for a defendant
(the court`s responsibility of course) a yellow page is attached to the front
of the case management form to that effect.
In the case in question it appeared that the page had been removed
during a pre filing process so the instruction was lost. We were also told that a previous plea and
case management hearing had had to be
vacated for lack of a Finnish interpreter. We are supposed to have a case
progression officer whose job as the name suggests is to ensure that all court
pre trial requirements have been met or to inform where necessary of perceived difficulties.
To me and my colleagues it appeared
that he or she was as much to blame as anybody.
We enquired whether or not a manager on
the administration staff could appear.
We were told that the line of management forbids such action. Outside the courtroom our L/A explained the process:
she would inform the managing clerk who might or might not escalate the
complaint to the Deputy Justices` Clerk who would contact the manager in the
administration side who would make the decision as to how the complaint should
proceed. That is how three magistrates,
an agent of the CPS, defence counsel, the officer in the case, a defendant, a
complainant, a police officer witness, one interpreter and a legal advisor spent
their morning. `nuff said!
I am amazed at how disorganised the Courts are. I was accused of assault following a domestic incident 3 years ago. The first hearing at the local Magistrates' Court involved the Court personnel, my barrister, a translator for my now ex (utterly ludicrous as she had been living in the UK for 12 years and spoke perfectly good English), a PC and the CPS. An hour (from memory) had been allocated, the Chair of the Bench remarked that half a day should have been allocated. Next hearing, a member of the Bench was not present due to illness. I was given the opportunity of proceeding with 2 magistrates. I decided that the matter was too important to be heard by just two. Hearing three went as planned and I was acquitted within 15 minutes of their Worships retiring. From this experience, and from another many years ago appearing as a prosecution witness, the system seems to be highly dysfunctional.
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