NO LONGER SEEN OR HEARD

During my first few years on the bench as a winger it became apparent to me that the chairman, or to use current nomenclature, the presiding  justice fitted clearly into two classes; those competent in dealing with the duty to run the court in both an orderly and lawfully correct fashion  and those who could not.  There was no middle way.  I also noticed that those who failed to meet my expectations failed on both hurdles.  Although from the beginning lay magistrates were and are schooled in the mantra that legal advisors advise on the law it was obvious to this newbie that colleagues who had knowledge skilled themselves in such basic offences considered at magistrates courts e.g. the law on bladed articles  or the criteria of exceptional hardship also seemed to have an inert ability to deal with the efficient direction of the court with regard to ensuring that in the widest possible sense justice was not only done it was seen to be done.  When I became qualified to sit in the middle chair I continued to have on the bench my personal folder of topics carefully annotated to provide instant reference when needed in order that I might stay one step ahead of our legal advisor if possible.  This practice was apparently strictly forbidden but nobody ever told me to my face.  What it did was to allow me to manage the court as efficiently as possible without having to refer to the legal advisor unless I considered it necessary. I would imagine that currently I would be chastised by over zealous and arse licking colleagues seeking brownie points from the Deputy Justices Clerk.  

Having made my position clear as above I read with disdain of the sheer incompetence of a magistrate.  There is a well written but second hand report here of the failure of an unknown magistrate probably based in Wiltshire  to comply with the law relating to a S.45 notice on reporting restrictions the full guidance on which is available here.  Although the magistrate`s name in question would have been published outside the courtroom like so much else in the courts system s/he remains an unknown figure.  

Considering the personnel changes within the magistracy since 2010 it`s not unlikely that many more JPs than expected, with limited experience, have been catapulted into the senior position with fewer capabilities than previously when DJCs could to some extent pick and choose who to promote. The current tick box process as in so many other factors of our society is not the best way to choose a candidate.  

One aspect of this whole episode has come to light and it`s not a pleasant thought as far as this blogger is concerned.  The website reported above Wiltshire 999S  does not feature the report.  It also seems to have been deleted from X [Twitter].  If this is self censorship by a well known news reporter or his bosses it is worrying.  If they have been pressurised by powers that be it is a matter of great concern to those of us who consider that our courts are being subjected to ever increasing government control.  Those who follow current legal events especially the situation re postmasters` scandal will no doubt have their own opinions. 

Finally I have to report that owing to my imminent need for elective surgery this blog will be silent for the next couple of weeks or so.