When I was appointed to the bench the use
of screens to prevent a witness being seen by a defendant was not at all common
the reason being that since ancient times a defendant has had the right to face
his/her accuser. The recent history of such special measures can be found
here. Subsequently their use became more
frequent. Indeed when the case is listed
as being in a domestic context the application is part of the protocol on
behalf of the complainant and sometimes other witnesses. It
takes a strong bench to refuse such an application and reasons must be
given. It has been my personal
experience that perhaps in the last two or three years screens are being
applied for even in non domestic cases when the defendant and complainant are
not known to each other. With my
colleagues` agreement I have often rejected such applications. Such was the case at Dolgellau Magistrates Court. In line with opinions previously expressed
here I am much in favour of lay justices taking more control of courtroom
procedures even when risking criticism from the legal advisor providing of
course that a proposed course of action or inaction can be argued as justified
by the circumstances even contrary to the opinion of said advisor. After all it
is still a magistrates` court..........at least for now.
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