ONE COURT`S MEAT IS ANOTHER COURT`S POISON

Lawyers involved in criminal law have a lot to read.  Daily, thousands of cases are decided.  Whilst most are routine in the broadest sense of that word because for those involved be they witnesses of defendants they are anything but, there are always a few where there are lessons to be learnt or an exposed conflict between the letter of the law and its spirit.  For the interested  non lawyer only those cases which make the national or increasingly under reported local news media are attention worthy.  Occasionally this blogger considers them worth a few minutes of his and others` limited reading time.  

Perhaps the most interesting revelation of recent weeks is an insight into how woke our justice system has become.  The tendency for so called "diversity" to be upheld as the 11th commandment is to me of great concern.  It reveals a desire for superficial appearances in thought, mind, intention, opinion or deed to be of a uniform nature on pain of expulsion or to use the current terminology "cancellation". The individual who has expounded this "philosophy" is no less than the Master of the Rolls.  Whilst there is much to be improved with British judges and especially those at the top of the judicial tree such comments are in my humble opinion most unhelpful.  Perhaps judges` dining quarters (where I have in times past been a guest whilst sitting on appeals) should display a notice of topics to be outlawed.  Perhaps there should be microphones hidden under the dining tables to catch those robed figures in full flow over their Salade Niçoise.  

As if Bristol University has not self harmed over its years long refusal to sack antisemitic lecturer David Miller it is now faced with demands over its policy regarding the well being or otherwise of the students under its care.  Whilst not currently a matter for lawyers it might soon be.  The very sad case of  Natasha Abrahart must strike a chord with every parent with a student child.  I recollect that when as a parent amongst many others  I was in a lecture hall at Newcastle University where my son was considering enrolment listening to a professor telling us that the university could not discuss with parents any matters; educational or medical  affecting their children because they were over the age of 18 and their consent would be required.  Too many student suicides surely must force authorities to allow a middle ground of common sense to overcome rigidity of historic practices. 

The Home Office and its bosses are currently very newsworthy for an authority which is the epitome of all that is lawful in practice.  Nimbyism will forever be a trade off between local rights and political favouritism and a greater national interest. Nowhere is this more relevant than in the dispersal of illegal immigrants to hotels and accommodation in areas palpably unsuitable.  Perhaps a court will again have to overrule the wishes of this department of state.

Having personally been delayed on the M25 for over an hour by so called protesters I am pleased at this judicial ruling last week.  These misguided individuals are proto fascists seeking to impose upon so many others their supposed solution to a massive problem.  This ruling must be followed by others similar when required. 

Knife crime even when the weapon is brandished but not used must be punished by immediate custody has been the mantra of Lord Chancellors for a decade.  Oooops but the tidal wave of cases where "mental health" is an excuse seems to have infected the judiciary to see things differently.  In such matters I ask myself how did the generations of the last century survive such problems with a weary "get on with it " attitude but then perhaps I really am a dinosaur out of touch with current norms. 

Legal interpreters, translators and other language service providers have long been an essential part of the justice system. The ability to understand the case against you and to understand the process you are subject to, either as a plaintiff or defendant, is a vital part of the right to a fair trial and is guaranteed both by centuries-old common law and Articles 5 (right to liberty and security of person) and 6 (right to a fair trial) of the European Convention on Human Rights.  Answering questions about this privatisation contract in the House of Lords on 9 July 2012, Lord McNally Minister of State for Justice stated that the courts receive ‘some 800 requests a day for such interpretation’. In an attempt to make savings  of up to a reported £12 million per year as well as to make the system more efficient, the MoJ entered a four-year framework agreement in August 2011 worth £168 million with a small private language service provider, Applied Language Solutions Ltd (ALS), to provide legal interpreting services potentially across the whole justice system (police, courts, prisons, etc.) A further five-year contract, under the framework agreement (‘agreement’), worth £90 million signed by the Ministry in October 2011 and took effect in January 2012 covering mainly the courts and tribunals, has courted much controversy. It has been the subject of two parliamentary select committee inquiries and a report which revealed the total inadequacy of the individuals responsible for approving the deal. Shortly afterwards ALS was sold to Capita the outsourcing firm for a large profit. Probably some time after the 30 year rule the shenanigans will be revealed. Meanwhile the consequences continue.  This is an example. 

I have at times castigated judiciary for saying too much and occasionally too little about the inadequacies of the judicial system at present.  At Swansea crown court HH Judge Geraint Walters spoke I`m sure for many of his colleagues when he raged at the CPS.  

It was the recommended practice in my day not to ban drivers in their absence and to do everything to secure their attendance at court.  The reason of course was obvious: no driver should be driving with a disqualification over his/her head about which s/he was unaware.  I wonder what efforts were made at Harrogate magistrates court to drag these offenders to court to hear their fate straight from the horse`s mouth? 

A round of strike action at magistrates courts under the auspices of the Public and Commercial Services Union led by far left boss Mark Serwotka ended on October 30th.  According to the union it has a mandate to take further action and reserves the right to call more strike action if necessary.  Considering the problems currently with magistrates courts` backlog one would hope that sense will prevail but of course one court`s meat is another court`s poison.