MORE ON THE SINGLE JUSTICE PROCEDURE//A TRAVESTY OF JUSTICE

Try as I might it is impossible for me to ignore the ramifications of the Single Justice Procedure.  Indeed after seven years of operation the iniquity of this secret justice process has finally landed on the desks of respected members of the press.  I wonder if they are also considering whether what happens today in the lower court  will happen tomorrow in the crown court.  In addition to this fly in the face of open justice the sheer itimidatory tactics  of utility companies in applying for warrants of entry is beginning to be noticed by an extended audience.  The written answer from the Minister  copied below is revealing.

It is unlikely that the SJP has been extended to these cases but I would not bet against their being added to the portfolio currently under that umbrella. It is interesting to note that if in its wisdom HMCTS and the local justices clerk decide that a magistrate is required to sit as a SJP that individual has no ability to refuse even if s/he considers the process anything from unfair to reprehensible.  A Freedom of Information request elicited the following statement from the MOJ. "All justices authorised by the Lord Chief Justice to act in the criminal jurisdiction are authorised to act irrespective of the procedure used.  None is entitled to opt out of cases on the basis of procedure."  The question to be asked is just how authoritarian can the MOJ be in relation to the activities in magistrates courts and the corollary is just how many magistrates will allow themselves to be placed in a position to comply or resign.  And of course the so called "representative" of magistrates; the Magistrates Association remains silent that there is compulsion for its unknown number of active members to participate in the SJP.  

In practical terms speeding charges are a major proportion of the cases under SJP.  The table below gives the latest numbers available.