THE MOVING FINGER WRITES

Following on from my recent tweets when I alluded to the themes that have driven this blog along for almost ten years I surely must add perhaps the one of which I have most confidence that my fears will be realised; namely that the functions of Justices of the Peace comprising independent finders of fact and sentencers of the guilty will be but a historical memory within the next five or ten years. The pathway to our being snuffed out by governments with little regard for opposition within the whole panoply is there for anyone to see. Since the early 1990s an independent magistracy has been constrained and eventually consumed by what is now Her Majesty`s Courts and Tribunal Service via the disestablishment of magistrates` courts` committees and the local arrangements alongside; arrangements such as the daily rostering of J.P.s` benches by independent court elected rota committees. Instructions for such procedures are now directed by senior judiciary. Management structures have been put in place to serve the needs of government as opposed to the concept of justice. J.P.s have been increasingly encouraged to participate in out of court functions eg serving on committees with police to overlook the functioning of the system of Fixed Penalty Notices, to serve on groups whose function is restorative justice and other forms of what is termed “neighbourhood justice”. The appointment of professional District Judges(M.C.) has accelerated corresponding with a 50% reduction in the magistracy over a similar period; this at a time when, owing to various factors, the through put in the courts is down by 30%+.

Quite simply the Ministry of Justice cannot be trusted.  As I write its PR weasels are propagating the history of legal aid being founded 70 years ago today when in truth its availability has been removed for the vast majority who require it notwithstanding the fact that derisory rates of pay to practitioners has decimated the numbers prepared to offer their services under its umbrella and demoralised the rest still attempting to make a living offering their expertise to defendants.  The die has been cast irrespective of the name of the passing stranger sitting in Petty France and his cohort. The decision has been made. We are to be transformed or at least our role must be transformed. The runes are there to be read. The Moving Finger writes; and, having writ: all those who have refused to read the writing on the wall must surely now be convinced. All magistrates courts will be presided over by District Judges who for their part of the bargain will have to dispense with legal advisors. Indeed the term “magistrates courts” will likely be changed to “District Court” or “Local Royal Court” or similar. J.P.s such as remain (perhaps 5,000 – 7,500)will be precluded from remand courts but will be given the sop of sitting as permanent wingers on trials with perhaps or perhaps not an input on sentencing.

Such is the emasculation prepared for the magistracy.

LEADERSHIP MAGISTRATES ARE MOJ TOADS

Whenever there is talk on line, in the press, on TV and in Parliament of magistrates and their diversity or lack thereof, keyboards and throats get on their metaphorical high horses and proclaim how diverse the magistracy is in almost all aspects of gender, age and ethnic origin.  They try to be so transparent as to be free to the wind.  But when it comes to policies that affect magistrates courts those weasels in Petty France and Fitzrovia are rather less likely to be what you see is what you get organisations. 

For many decades the Magistrates Association has existed and I suppose still exists as an organisation of paying members of the magistracy to be their representative in dealings with government in its widest form.  At its peak about a decade ago or so there were around 30,000 magistrates of whom about 80% were MA members.  Now numbers of JPs have halved and the MA membership is a much lower percentage putting great financial strain on that organisation.  It has even stooped to the level of doing some dubious deals with probation providers to raise capital.  Nevertheless its clout with government has been reduced to a whimper.   A couple of years ago advertisements in appropriate media were placed by the Ministry of Justice for the appointment of a "national leadership magistrate" notwithstanding that there was already functioning an organisation The Bench Chairmen`s Forum which consisted inter alia of the chairmen of all the benches in England and Wales.  Considering that each chairman is the result of a bench wide election one would have thought that as a collective their opinions had merit. After the appointment of the aforesaid magistrate further ads appeared inviting applications for seven positions as regional leadership magistrates. I posted on this as early as  14th June 2018 . Last week a pressure group,  Transform Justice, also posted on this topic.

These people are the toads of the MOJ.  They represent nobody. Perhaps they are seeking long term non financial benefits  eg gongs.  Perhaps they consider themselves to be superior to their colleagues. One factor of which there is no doubt is that their identities are secret; SECRET in this supposedly age of openness. Copied below is yesterday`s  written question to Paul Maynard The Parliamentary Under-Secretary of State for Justice and his answer. 

This action of withholding the identity of these lackeys is nothing short of an affront to open government.  Their names should be published forthwith and as the old adage said "if they find the kitchen is too hot for them then they should bugger off".  

CHRISTIANITY AND THE LAW

Insert "Richard Page" into the search box and you will find a history of one of the most controversial sackings of a Justice of the Peace in living memory. The posts, the most recent of which was earlier this year on January 7th, need no explanation; they speak for themselves. It seems the final chapter of this story has been written.  An employment appeal tribunal has ruled that he was rightly dismissed.  Readers will have their own opinion on the decision made earlier this week.  

The above was the first paragraph of my post last month on June 21st. Another case of interest is the recent successful appeal by a Christian student expelled from his university.  The two cases  of course are quite different but paradoxically similar in many ways. I posted on this topic on 5th October 2017.

Religious belief, Christian, Muslim and Jewish has seemed to be more in the legal news than in previous years.  Considering that this is ostensibly a passive Christian country and that the Jewish population is only 250K it is not unlikely that with about three million Muslims in the UK many of whom are sympathetic to a strict interpretation of Islam  it will be from that area that future legal and social conflict with religion will arise. 

COURT FOR PROTESTERS

Many people had their daily lives and routines severely disrupted recently when an organisation which has a one pony policy of alerting us to the perils of climate change took over main thoroughfares in many cities to make their point. Police as is often the case had to decide where the boundary lies between a citizen`s right of public protest and breach of public order. As a result, having been very "hands off" initially the need to keep streets available for all to use led to public criticism and the subsequent arrest of thousands of protesters. The CPS has endorsed more than a thousand prosecutions to be undertaken at Westminster Magistrates Court. This decision has led to the expected objections of those who have been called tree huggers in the past.  In this subject they are on the wrong side of the argument. Street disruption is straight from the anarchist playbook.  Whilst those in the current matter might have had altruistic motives their methods would be a demonstration of what would befall us as a society were extremists of left or right to mobilise supporters to emulate their sandal shod predecessors.  Criticism might be made of police being too slow to enforce the law. The fact that those arrested are to face the reality of what the law considers their behaviour is a welcome decision to this retired magistrate. 

COUNCIL TAX NON PAYERS AND JP DIVERSITY

Facts; that`s today`s simple post.  Too many observers throw out emotional statistics about short custodial sentences eg those imprisoned for non payment of council tax.  Last year there were five such cases. 

There`s a growing trend from some quarters that above every other requirement the magistracy must be as diverse as the population it serves.  I disagree.  Justices of the Peace must be selected on perceived ability to do the task for which they have applied. If that procedure produces anomalies cf diversity statistics  then it is regrettable but must not lead to selection by quota. Latest such statistics are below.

A NON TOO ROSY FUTURE

A long long time ago when trams and later trolley buses travelled our high streets our justice system was recognised by most as amongst the finest in the world. A system admittedly ruled and administered by a public school and Oxbridge educated minority but a system nevertheless where noblesse oblige much of the time. And then came the swinging revolution begun in the 1960s where the cockney sparrow became the tweet of the masses. Prime Ministers` lies did not remain hidden for a generation but soon became public knowledge. Diversity in its myriad forms became the name of the game and legal protection was legislated for it in ever widening patterns.  Increasingly the opinions of the masses were sought and occasionally acted upon. Parliament enacted laws in ever more areas of our lives; much to the good of all but not all to the good.  Margaret Thatcher, loved by many and perhaps hated by more changed society almost as much as World War 2 but with fewer casualties. But there were still areas where civic cohesion was beginning to strain at the seams; namely at Mastricht and Lisbon but few were able to sense the arising murmurings. And then came 2008 and the world fell apart as did our politics. As a direct result in 2010/11 the budget of the Ministry of Justice was proudly cut by 23% by Kenneth Clarke Secretary of State for Justice and has continued to be cut so that Justice is not now considered a pillar of our democratic society paid for by the state in the same way as the armed forces are paid for by the state but a necessary function which must as far as possible pay its way in the grand scheme of budgetary things. He also instigated the destruction of the concept of local justice resulting in the continuing closure of hundreds of courts the latest sales figures of which are published today. As a result of the disastrous tenure of Chris (failing) Grayling with, we must suppose, the support of cabinet, a Criminal Courts Charge was initiated in 2015 which attempted to increase income from offenders irrespective of their ability to pay. Such was the iniquity of that legislation that it was revoked within a year by his successor at Petty France.  Under the control of the Home Office, the dismal performance of which competes with the MOJ for the most inefficient not fit for purpose government department, police forces have been emasculated in numbers and demoralised in practice. 

The result of the above and more is that British society, at one time a concept familiar to all, is now so fragmented that the petrol of Brexit, itself a result of supine stupidity by governments since the ill fated Gordon Brown occupied number 10,  has lit the fire under our whole idea of democracy. With justice denied to so many by so few our headlong dive into a dark future seems unstoppable. The scandal of the appointment of our next prime minister, the undeniable antisemitism within her Majesty`s Loyal Opposition and many of its supporters and the demagoguery of competing interests here and abroad paint a non too rosy future.  

SOFTEST OF TOUCHES AT YOUR REGIONAL MAGISTRATES COURT

I have been posting on the problems of court interpreter services for six years.  Before I retired I was in a position to report from the "front line".  Now like most of us who become aware of so many matters from media of all kinds my knowledge is limited. It appears that I am in good company. The Ministry of so called Justice does not know or says it does not know of the true extent of the problems dealing with those witnesses and defendants who say they require the use of an interpreter. Those last few words are quite deliberate.  There is no requirement for an objective standard to be used when a court assesses the need for such services. Whist an active bench chairman I (and my colleagues) was often faced with a defendant at pre trial stage requesting an interpreter when to all intent and purpose that person`s age, apparent intellectual capabilities, occupation and years of UK residence would indicate that his/her knowledge of English was well able of being of a standard to understand and partake in court proceedings.  I recollect all too often after clear questioning of a defendant my observations that an interpreter would not be required being over ruled by the legal advisor stating more or less that the court is powerless to refuse such a request even when the situation would suggest otherwise.  An incident comes to mind when an Arabic speaking interpreter failed to turn up. A colleague whispered to me that he was fluent in an Arabic dialect very closely associated with the defendant`s.  I asked him to interpret for the court for the short time required to formally adjourn.  In the retiring room the legal advisor told me my actions were borderline if not misconduct at least putting into jeopardy the impartiality of the court.  I told her I`d do it again in similar circumstances where the alternative was further delay and time wasting for all involved. 

The statistics below would not reflect that situation.  Courts are afraid to even think the term "robust". All manner of means are employed to reduce costs even when justice itself is at risk but when it comes to the treatment of offenders truly the softest of touches is not soft enough for some at all levels from Petty France to what was once upon a time your local court but now is your regional magistrates court. 

LEGAL AID?????????????????

The availability of legal aid has been reducing for the last nine years; every worker within magistrates courts is well aware of this and the consequences it poses for ensuring that every defendant has a fair crack of the whip.  Quite simply the concept of a level playing field between the state and the citizen no longer exists as a practice or a philosophy.  It is now shown that in our crown courts where the consequences for unrepresented defendants are so much more severe than in the lower court reductions in legal aid are all too apparent.  A short article in today`s Law Society Gazette is worth a glance.