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 If any comment seems submitted just to advertise a website it will not be published.

Monday 30 October 2017

SACKED JPs AND SCRAPING THE FINANCIAL BARREL

In the last two months four Justices of the Peace have been removed from the magistracy.  Each of these individuals had committed the same "offence"; they had failed to meet the minimum sitting requirement of 26 half days annually.  I have long considered that this requirement is far too limited in order to achieve any sort of competence and for approved bench chairmen it is an open secret amongst many ex colleagues of being farcically too few to accumulate all the necessary attributes of a successful occupant of the middle chair.  I hesitate to use the approved description "competences".  The structure of magistrates` training is essentially a box ticking exercise. Holding a court to account with all that that entails is, in my opinion, a facility which cannot be wholly learnt just as an individual can learn to play a musical instrument but never with the skill and/or passion to hold a place in a band unless there is that almost indefinable quality of talent. Most people recognise this difference in human quality whether as pianist, footballer,  public speaker or any one of myriad attributes within us as  human beings. Perhaps in the medical world this individual attribute describing the best of the best is in the manner most will immediately recognise; bedside manner.  There is no firm evidence whether or not the quality of applicants to the magistracy has fallen in recent years.  Of one thing I am certain; every applicant should be told in no uncertain terms of the time requirements of the position especially in the first two years.  Each JP thrown out for whatever reason represents a total waste of public money.  In the year ended 2015 £700,000 was spent on training. Latest figures indicate there are 16,129 magistrates. £43 per magistrate doesn`t seem a huge amount to inform, update and train supposedly intelligent people how to perform their desired tasks.  

This parsimony by the MOJ is a direct result of public policy. At every stage of the criminal justice system; from investigation, arrest, court, sentence, prison there is the distinct sound of the bottom of the financial barrel being scraped. At each stage from 2010 those working within the system made their opinions clear, except perhaps the judiciary to its eternal shame. Perhaps the nadir has been reached. Most people involved would hope so. 

1 comment:

  1. It sounds like we need to be weed out those who are not serious about the office at the point of application.

    Perhaps some sort of token (at least to begin with) contribution to HMCTS would show sufficient earnest of their desire to serve?

    Then those magistrates who find themselves unable or unwilling to put in the minimum hours might be allowed to purchase indulgences, at a reasonable rate, or perhaps appoint a suitable deputy or deputies in their place?

    Of course this extra commitment from magistrates should come with some quid pro quo. Perhaps we could ennoble them with a professional appellation carrying the cachet of the office.

    ... you know, I started typing that in jest, then by the time I'd reached the end of it, I was wondering if it was more a matter of when rather than if.

    After all, in many parts of the world, justice operates on a pay-to-play system and local judiciary wield considerable power, and enjoy - consideration, shall we say - for returning the correct verdict.

    Who are we to assert that our antiquated colonial system of an impartial volunteer lay judiciary is superior, or inviolable. Let's embrace the rich cultural diversity of the jirga, or the lucrative Colonial model of shovelling warm bodies by the busload into commercially run labour camps.

    After all, why should clerks get all the rewards?

    ReplyDelete