Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.

Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.

Thursday, 30 June 2016


I had always thought that equality before the law was a fundamental part of our judicial system whether in a magistrates` court or at the Supreme Court notwithstanding secondary considerations such as level of advocacy etc.  In practice offenders`  behaviour which perhaps would be considered acceptable in other countries or cultures would not be given any more tolerance or have any mitigating factor assigned to it which would not apply to a British citizen or anybody living in or  visiting this country.  At least that`s what I thought until I read of the recent case before High Court Judge Mr Justice Mostyn.  According to a report he wanted to show tolerance in a matter of multiple child neglect, "to the traditions of different communities".     

HH has a chequered history.  In 2013 it was his comments on EU law which caused raised eyebrows. In 2014 in the matter of  of Rochdale MBC v KW [2014] EWCOP 45  settlement was reached before it went to the Appeal Court.  In January last year he was thrown off a case for showing too much hostility to a gravely ill husband. Not content with that warning as to his conduct later that year he was removed from another case  after the Appeal Court decided his “passionate view” of the law was “distorting” his judgement.

Of course it is not a simple everyday matter to remove a High Court Judge but as with the recent controversy over Mrs Justice Hogg and the child who was sent back to her "absolutely innocent father" only to die at his hands  it does appear that giving somebody however knowledgeable, grand and eloquent a job virtually for life has its own problems where ego, self agrandisement and pride impinge upon the job description.  Any factor real or perceived which brings justice into disrepute is a burden we should not carry. Surely it cannot  be beyond the wit of man or Gove to think outside the box on this issue?

1 comment:

  1. And who will make the decision to sack a Judge? I have n doubt any tinkering with the current arrangement will inevitably involve the Government having a say; that would be a disaster.