The word macro describes something that is very large or something that is related to things that are large in size or scope. Macro is also used as a combining form meaning “large” or “great.” The word micro describes something that is very small or something related to things that are small in size or scope. Both terms are often used in academic studies. As with many commenters on myriad topics this blogger has, consciously or unconsciously, pontificated from both aspects at any one time. The more distant the time when being active in the middle chair was laterally almost a weekly occurrence the more perhaps a macro or overview of magistrates courts and their inner workings appeared here. Sometimes reports of actual courts` proceedings or activities can and should bring a sudden state of the here and now into any esoteric commentary. Three such matters have today caught my attention persuading me to turn from the macro to a micro view of the workings of magistrates courts every day at every court.
Perhaps the most complicated cases I can recall were those brought by a local authority against those who had ignored or in some other ways had failed to comply with enforcement notices often under under section 179(2) of the Town and Country Planning Act 1990. I distinctly remember an offender represented by a then QC telling me as the presiding magistrate that the bench would not be capable of understanding his client`s complex arguments and that we should adjourn to a date for the matter to be heard by a District judge(MC). We gave him a polite response noting his objection and invited the prosecutor to proceed. In another similar situation the prosecuting solicitor for the local authority presented a bundle he was relying upon and, as he thought helpfully, argued that we need read only some specified two dozen of more than 200 pages. We retired to read the whole bundle. A further case where the claim was for £22,000 had the offender who had pleaded poverty in his personally delivered mitigation writing a cheque for the full amount on his guilt being established. There were many offenders who had to be threatened with contempt for refusing or delaying the court`s requirement for audited accounts to be presented by a future court date. And so it was with interest that I noticed this report by Camden Council in London where justice was certainly seen to be done.
Fly tipping has, over the decades, slowly crept up the ladder of environmental offending. Whereas it had been in the post war years an "annoying" offence it`s now on a par with some offences causing bodily harm. The seriousness of such offending can be gauged by the Sentencing Guidelines. Once again on a personal level if memory serves correctly my bench fined a sole trader of a fly tipper around £20,000 for what the offender considered just "a few bits and pieces" he`d dumped at the side of a quiet street. It was interesting to note that a fly tipping offender was subject to a six weeks custody order but owing to current politics it was suspended. With government having given notice that magistrates courts will soon be unable to impose any custodial terms immediate or suspended there is going to be a huge ill considered gap in the justice system. I suppose when a government in power for 14 years does not provide enough prisons or prison cells to house offenders in a humane manner nor provides sufficient trained staff both in the prison service and probation to oversee sentencing and sentences there is little surprise of chickens coming home to roost.
I cannot recollect having a police officer in the dock throughout my time on the bench although there were not a few who committed perjury from the witness box with a straight face. On consideration I assume that in today`s world things would be different for colleagues. The current climate certainly gives one hope that, without prejudice, erring officers are more likely than in past years to face justice for offending. Last week Swansea Magistrates Court saw a serving police officer appear on a charge of sexual assault by penetration. What is interesting is the statement of Nathan Adams, criminal lawyer at Reeds Solicitors in Cardiff. It can be found along with a statement by Senior Investigating officer Detective Superintendent Huw Davies here.
Criminal offending affects real people on both sides of the legal divide. Sometimes the judgements, emotional, theoretical, intellectual and judicial are based, notwithstanding the tome that is the Sentencing Guidelines, at a macro level. There can be no confidence in a judicial system where consideration at the micro level is overlooked and unfortunately that is what has happened over the last few years and is, in my humble opinion, likely to continue whatever party is ruling that legal roost this time next year.
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