IS JPs` PROPORTIONAL REPRESENTATION A HARBINGER OF AN UNPLEASANT FUTURE?

It seems an axiom of western democracy that those sitting in judgement over their fellow citizens have the respect of those fellow citizens. In America judges are elected.  In this country they are appointed. Having myself been appointed as a Justice of the Peace I don`t intend to discuss the merits of both arrangements, at least not today.  But what I do think is of interest is the very recent publication of the ethnic, social, sexual, age, education, religion and disability status of applicants both successful and unsuccessful.

Statisticians academic, political and journalistic are probably having a field day in pouring all the revealed numbers, crunching them in a soup of algorithms and making hay with the results perceived and/or implied.   

As an opening example in the South East Region 96% of applicants declared themselves as heterosexual.  That compares with the North East 92%, London 90%, North West 88% and Wales 89%.  I leave it to others if further such comparisons are wanted. 

For the year 2022-23 the religion of applicants was as follows:- Christian 2328 = 49%, Muslim 307 = 6%, Jewish 97 = 2%, Buddhist 25 = 1%, Hindu 119 = 2%, Sikh 70 = 1%, None + Other 1829 = 38% and Unknown = 341.     Of those the following were shortlisted:- Christian 960 = 50%, Muslim 61 = 3%, Jewish 41 = 2%, Buddhist 11 = 1%,  Hindu 36 = 2%, Sikh 25 = 1%, None + Other 804 = 42%, Unknown 133.   These are figures for England and Wales but the pen pushers at the MOJ have also those numbers broken down regionally. 

Applications were also broken down by age, sex, ethnicity, educational levels of applicant and parent(s),  type of school attended, disability and employment status.  All these variables are also available region by region.  The amount of personal and computing effort to achieve these statistics is almost incomprehensible. But that, for those ordering such a task,  was to fulfil a mantra [with apologies to Abraham Lincoln], to have a judicial system of the people by the people and for the people.  Such deference to a system which was once lauded as "local justice" when magistrates could sit only in their own designated court is now but a charade.  Rules were changed about two decades ago to allow magistrates in theory to be deployed at any court in England and Wales. Of course for practical reasons there is a heavy limitation on that availability. District Judges [MC] are under no such geographical restrictions.  Like their senior colleagues they are free to apply for posts wherever they consider suitable for their requirements.  They are as "local" as those on the Supreme Court.  It must be kept in mind that District Judges preside alone in magistrates courts with exactly the same powers and authority as lay magistrates although as has been the case in recent weeks certain types or classes of offenders are specifically brought in their courts and not in front of the "locals" whom the MOJ must consider are unable to follow the orders given to their highly paid government funded judicial civil servants.  The relative allocation of cases to District Judges vis a vis lay magistrates is currently unknown. 

The basis of the magistrates courts system is that a quality of justice is best achieved  by matching the make up of the citizenship with those before whom alleged offenders plead their case.  It follows that government believes that that policy is approved by the population.  As far as I am aware there has never been a reputable or any other survey to ascertain whether or not that belief has any foundation in reality.  The fundamental question is whether any quota system whatever its constitution selects the best people for the intended task.  In simple terms what began decades ago as pressure for women not to be excluded from certain jobs owing to their sex has now extended to almost every aspect of society where discrimination perceived or actual has spawned a billion £ industry of employment legislation, lawyers and tribunals.  When registered blind people are appointed to the magistracy can it truly be upheld that their disability does not prevent them functioning as their normally sighted colleagues?  A parliamentary question and answer Volume 234: debated on Monday 27 January 1930 is copied below re the then minimum height requirements of the Metropolitan Police.

Mr. DAY

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asked the Home Secretary whether the temporary modification of the height standard of the Metropolitan constabulary which was introduced during the previous 12 months is still in existence; and whether there is still difficulty in obtaining sufficient suitable recruits at the normal minimum height?

Mr. CLYNES

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The temporary reduction of the minimum height to 5 feet 8½ inches has not been removed, but in practice it is found possible at present to obtain sufficient recruits of 5 feet 9 inches or over; with very few exceptions.

Today there are no height restrictions on joining any UK police service.  

There are some who will egard my observations as emanating from the age of dinosaurs; that is their privilege.  Is this form of active identity politics conducive to a coherent society?  By showboating a population`s differences when there are but fading memories of what united that population in previous times we are creating what in the past might have been termed fiefdoms.  Rabble rousers from marxist to fascist have long known that to further their cause divisions in a society  must be exploited.  My fear is that we are in many respects experiencing government and politics from the days of Thatcher on the Right to Corbyn on the Left having made an ideal bed for extremism to grow that the magistrates courts system of local proportional representation is just a minor harbinger of an unpleasant future. 

        

FORKED TONGUE OF JUDICIAL AUTHORITY

Since the far off "golden" days of Hollywood westerns where Tom Mix or Hopalong Cassidy rode the plains with their white stetsons indicating that they were the "goodies" and movie makers had recently invented soundtracks to enhance the audience experience, there was a phrase scripted to one of the "good" indians to describe the lying, cheating, murderous black stetson wearing "baddies"; "You speak with forked tongue".  I believe to this day that that phrase describing the sensory split tongue of snakes is understood by most people: to utter two diametrically opposite opinions or statements more or less simultaneously:  in simple terms to lie whilst pretending to be truthful.  

For one class of people that ability is now a given.  Indeed it is expected that politicians do not, cannot, will not be truthful.  It is built into the profile of politicians to such depth that any form of honesty is itself treated with incredulity by so many.  However there was a single class of respected public servant excluding the previously held high expectations of medical practitioners`  probity who seemed to be above criticism and were beyond reproach.  

Midway through the third decade of this millenium the justice system isn`t just cracked; it`s not just broken.  It is smashed into such tiny pieces that it`s unlikely ever to be reassembled in any form worthy of the name.  As in so many countries authoritarianism creeps steadily along the political pathway to "never in this country, this is England" places thought as foreign to the British way of life just as spaghetti or lasagne were described by a student friend to me when at university, "I never eat that Tally rubbish".  Judges are now openly demonstrating that their so called independence within our unwritten constitution is but a sham.   

The Deputy Senior Presiding Judge, Lord Justice Green who sits on the Appeal Court, has ordered magistrates not to send anyone to custody until 10th September because the prisons are full to exploding. The government orders to the courts i.e. judges, subsequent to the riots were to make an example of what has so far reached over 1,000 alleged or convicted offenders already sentenced to immediate custody or on remand.  On 10th September the government will activate an emergency early release scheme which it estimates will free up 3,700 cell places by 22nd October.  But the judicial snake in the grass is that he commented for the eyes and ears of  magistrates and presumably District Judges [MC] that as the courts "are responsible it is therefore appropriate that the judiciary have regard to the wider functioning of the criminal justice system." He added that, "consideration should be given to rescheduling the hearing for the shortest possible hearing.....but not earlier than 10th September."  But then he went on, "every case must be considered individually and decisions must be made upon the basis of the interests of justice.......and needs to be a carefully conducted exercise."  And thus is demonstrated the accuracy of that description so accurately described by the script writers of another era; "forked tongue". 

Remember Dr Doolittle and that animal the PushMePullYou?  That is just another version of the forked tongue but simplified and animated for children.  But we are not children or watching a 1930s black and white western movie.  We are witness to the historical supposed independence of the magistracy [and judiciary in general] being trashed to accord with the whims of government.  

JUSTICE ON A LOOP LIKE A SUPER MOON

As a retired magistrate aged 70+ I have been plagued with arthritic issues as many of my  contemporaries have been.  In an attempt to tolerate the discomfort without the benefits of the world`s pharmaceutical industry I recently offered myself to a profession the history of which is lost in 2,000 years of Chinese time.  Lying on a trolley with incredibly sharp needles piercing my limbs for twenty minutes I was subjected to what seemed an endless loop of piano playing and harp plucking which combined in a sophomoric lullaby with no discernable melody endlessly repeating itself.  I was reminded of the new government`s  pronouncements on knife crime and simultaneously pledges, assurances, intentions etc from an earlier Labour government in 1997. On 21/09/2008 Jack Straw then Minister for Justice in his speech at the Labour Party Conference said; " Yesterday we saw the determination of those affected by knife crime as they marched through London. We stand firm with all those who know too well the devastating impact these crimes have and as Jacqui will be spelling out  later, all of us pledge that we will relentlessly keep up our efforts to tackle it."  Every minister responsible for policy on criminal activity since then has repeated a similar mantra as if it were looped on the internal sound systems of the Home Office and Ministry of Justice.  So..........here we go again just like clockwork..........a government promising to go down hard on those carrying  knives.  We`ve been here so often before that it appears to be a right of passage for newly installed ministers at Justice to proudly announce their latest attempt to make our streets safer although no one name is more associated with this latest pronouncement than our esteemed Prime Minister who reminds us regularly of his history as the hard man DPP of 2011.  And who can forget the oleaginous tones of his predecessor when he pledged in 1997 to be  "tough on crime and tough on the causes of crime". 

And so to today when figures show that nearly half of all knife possession cases recorded by police in 2023 led to no further action.  The government has stated that it intends to “end the practice of empty warnings by ensuring knife carrying triggers rapid intervention and tough consequences”.  There is also the promise to ban ninja swords, lethal zombie-style blades and machetes and strengthen rules to prevent online sales with the executives of online companies that flout these rules being personally held to account through tough sanctions.  In short this government, like those which have gone before, since the the time of the saintly Thatcher who bestowed rose petals wherever she walked, tells us it will make the streets safe for all to walk through the witching hours even with £50 notes stuck to their foreheads and targets on their backs.   

And so the loop plays on.  The justice system in its entirety from arrest to zombie knives and all matters between might be termed the cinderella of a failed economic policy since 2008.  Unless they face a penalty for a road traffic infringement on one hand or have the misfortune to have had a bike or mobile phone stolen from the other most people are distanced from the courts which are in a spiral of despair for all connected with them.  Of course that disconnect does not seem to have affected the lawyers and oligarchs arguing over the sources or destinations of billions of $$$$$$$ in often ill gotten gains.  

Like those in charge of our armed forces those controlling the law and its constituent parts continue to fob us off with their words with no meaning as the generals and admirals do about an army with no ammunition  and aircraft carriers with no aircraft.  

Last night there was a super Moon owing to its distance from Earth being 15% closer than the furthest point in its orbit.  That looping or elliptical lunar orbit was observed by the ancients and will continue until the solar system is consumed by a black hole. Although Justice delayed is justice denied  is an old adage with biblical origins I fear the resurrection of our justice system might take a little longer. 

THE MANTRA OF DETERRENCE

There can`t be anybody however remotely involved with legal matters who won`t have a view on the aftermath of the recent riots.  The mantra of the police, whilst still in denial over accusations of operating a two tier policing approach, is we will find you and we will arrest you to appear in court or words to that effect. Politicians of most persuasions have weighed in with support for strong measures to prevent subsequent similar events. The courts, where magistrates seem to have been frozen out of these hearings,  and therefore under the jurisdiction of District Judges and Crown Court Judges seem to have been ordered by the executive i.e. Kier Starmer PM, to dish out sentences towards their maximum according to the Sentencing Guidelines.  This, judges and politicians assert, is to act as a deterrent against future such events.  

Sentencing, which the Sentencing Council appears to view as a science, is as much an art as a manipulation of algorithms. After conviction a sentence should be based on level of law breaking and the offender`s history and circumstances.  The effect of sentence should be punishment, rehabilitation of offender, protection of the public where needed and deterrence against others who might be following or intend to follow a similar  criminal lifestyle.  It is this last consideration which seems to be the basis of the immediate custodial sentences handed out to those who admitted on line offending. The National Police Chiefs Council said specialist officers have been tasked with pursuing suspected online offenders and so-called influencers who, they say, are responsible for “spreading hate and inciting violence on a large scale”.  A spokesman said that online content would be assessed by a senior investigator to determine if it meets the criminal threshold and offenders will then be identified, arrested and charged. They reasoned that they knowingly spread misinformation, stoked the flames of hatred and division and incited violence from the comfort of their own homes, causing chaos on other people’s doorsteps.  And to emphasise his point  the spokesman continued that online crimes have real world consequences and offenders would be dealt with in the same way as those physically present and inflicting the violence.

This policy is determining that deterrence for individuals is applicable to criminal activity by crowds. From pre history execution by tribal elders to British judges donning black head coverings prior to sentencing a felon to death by hanging has been a feature of our justice system until capital punishment was finally abolished in 1969.  We, the public, were assured that "life" sentences would still be available as a deterrent for murder.  Currently there are 9.7 homicides per million population in England and wales.  In 1968 there were 360 official homicides. and in 2023 the number was 944.  I think it`s safe to say that for many criminals the prospect of a life sentence has lost its deterrent value. But the above is the reasoning behind what was a hoped for effect on an individual acting in an individual capacity.  Current actions seem to indicate that this government and the prime minister believe that criminal group activity can also be deterred in a similar fashion irrespective of the morality of the policy.  

As with a few serious offences violent disorder, apparently the most common charge being used against rioting offenders, can be tried summarily at a magistrates court with a maximum sentence of six months custody  or at a crown court where a jury will decide whether a not guilty plea leads to acquittal or a guilty plea or verdict offers the prospect of a five year maximum prison sentence.   Full statistics on these matters will not be available for some months.  With reference to my post last week it is unlikely we will ever know if lay magistrates were involved in any of the sentencing of offenders facing summary charges as a result of the disturbances.  So much for the much vaunted  mantra of the Ministry of Justice of local justice for local people. 

I would conclude by questioning whether publicly declaring that severe sentences will act as a deterrent to further similar offending has enhanced the "hard man" image that Kier Starmers is trying to project.  I would also suggest that the deterrent effect is in itself a mirage in such circumstances.  Finally the control over District Judges, if indeed lay magistrates have been by passed for these sittings, is just another example of how the judiciary is not quite as independent as is regularly claimed by all shades of politicians.  

NOT RACIST PARIAHS

Politicians, we are led to believe, are forever considering the public interest. To suggest that their actions and/or behaviour is more like the goldfish swimming endlessly around its bowl for the first time  is to belittle the good fortune that we in this country have many saints and few sinners to govern us. 

On 9th August 2011 whilst there was still disorder on the streets from riots initiated by the shooting dead of a criminal by Metropolitan Police I wrote on my as yet to be published diary:-

"Most right minded people will have been shocked by what they`ve seen on their television screens since Sunday night. It seems that for whatever reason; lack of planning and co-ordination at a high level, lack of will, lack of resources, lack of confidence or failure of communication the Metropolitan Police were unable to clear the streets of trouble making youths intent on plunder pure and simple. This is exactly what happened last December in the West End of London. Police virtually abandoned the task of clearing the streets."

I have copied below from my yet to be published diary of 11th August 2011:-

 

"It had to happen; police complaining magistrates are being too soft both in bail decisions and sentences. I`m sitting tomorrow in a borough which was spared the anarchy of those nearby. Perhaps there will be some displaced rioters, looters and thieves before us? Under normal circumstances everyone has a right to bail and remands in custody are made only when there are grounds to believe a defendant will commit further offences, interfere with the course of justice or fail to appear at the future date specified and that no bail conditions will allay a court`s fears. Defendants of previous good character are often given the benefit of any doubt the above circumstances notwithstanding. Sentencing is applied to individuals and their particular circumstances. Many police officers seem to believe it appropriate that maximum sentences are given willy nilly. It ill behoves senior police officers to criticise the courts. When their own house is in order their comments might have more significance.

What is disturbing is the political pressure being applied by the Prime Minister in his televised statements and his remarks in the House today indicating custody as the expected option. Even disregarding the fact that defendants will be facing myriad charges, some summary only and some either way, no bench or District Judge[MC] should be influenced by this ill conceived posturing. My colleagues and I will do as we always do:- 

"We will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and we will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill-will."

It all seems so depressingly familiar.  We are reminded by MSM that our prime minister was in charge of legal activities in August 2011 and was masterly in his actions to identify, prosecute and punish offenders.  His objective was to have guilty offenders punished ASAP perhaps hoping that the Pavlov effect would be a deterrence to others.  He had then at his disposal twice as many magistrates courts as now, twice as many magistrates as now, 147K police of whom majority were experienced, a functioning probation service and 1,200 prison spaces.  Currently there are 1,458 such spaces.  The CPS report for 2011-12 makes no mention of the number of prosecutors employed.  What we do know is that between the year 2010/11 and 2011/12 the total number of CPS employed personnel fell from 8,094 to 7,394.  

The 2011 riots, whilst causing material damage and physical harm to some, were largely caused by indignation within areas where there was a concentration of black people many taking their example from the reactions of black Americans to the iniquities of white American police officers on black suspects.  Brexit and its consequences have been argued to have been a spark to an already volatile minority.  The current mayhem might be traced to October 8th last year when supporters of the Palestine Solidarity Campaign demonstrated against Israel whilst the dead bodies of 1,200 festival attenders and civilians were still warm lying in the sands a mile or so from Gaza from their murder the previous day and 250 hostages dead and alive were themselves taken to Gaza. Despite the open hate on display the Metropolitan Police then and for almost every weekend since have allowed blatantly anti Jew themed marches to proceed under the pretext that anti Zionist sentiment is not camouflage for anti Jewish sentiment. An unholy alliance of Islamists, marxists and fascists was and is involved in that expression of hate.  The election of July 4th and the emergence of Reform as a parliamentary party has emboldened the fascist element within an increasingly disillusioned section of the population to argue that immigration concerns, legal and illegal, have reached a point which has taken the subject from statistics to personal disturbance of their daily lives. 

From the point of view of  observers the former DPP now the prime minister is putting into practice the same methods he considered suitable in 2011 but perhaps without the resources available in 2011.  With crown and magistrates courts stymied by physical and personnel shortages it is unclear just how effective his wish list can be realised. Overnight court sittings didn`t last long last time out. A Guardian report of the time makes interesting reading.  Whether the charges faced by defendants are summary eg common assault, affray which is either way or robbery which is indictable only they must be heard initially at magistrates court.  In 2011 Justices Clerks who control day to day running of courts were told that all matters relating to the rioting which were either way must be sent to the crown court.  They were also directed to place as many as possible before a District Judge rather than a bench of lay magistrates in the apparent belief that salaried judges were unlikely to disobey their paymasters.  At my London court at that time as far as I know there were very few if any overnight sittings. At 9.30am on the first morning at which suspects of the August disturbances  were brought to court for their first appearance the Deputy Justices Clerk told a very crowded retiring room that all those facing either way charges must be sent to the crown court.  I was presiding magistrate of one such court.  During the sitting a teenage black female defendant appeared on an either way charge which as I recollect was affray or theft.  We heard the facts and the prosecutor`s request that the matter be sent to the crown court.  We were disturbed. The facts as presented to us did not warrant our not keeping the case.  We had a brief huddle in which we were absolutely in agreement. I whispered our decision to our legal advisor assuring her we would explain in open court that her (unsaid) advice was contrary to our decision thus absolving her from retribution.  In my remarks I plainly told the court that we were going against the advice from our advisor but that as independent magistrates it was our decision to make.  We never heard any more on our decision.  

It seems that nothing at all has been learnt from 2011.  When it comes to the crunch it appears that politics trumps legal niceties.  It is not unlikely that the accusation  against the Metropolitan Police [and others] of tolerating terrorist enablers and supporters of racial hatred  for six months  thus encouraging a wider range of law breaking will quietly go away. 

14 years of Tory government ineptitude and institutional misinformation laid upon the naivety of Labour under Blair and Brown importing millions of people from alien cultures have brought us to this situation.  It is only the near authoritarian governments of one or two EU members which have not experienced similar disturbances to their civil societies. Try as it might our new masters cannot brush the consequences of Muslim immigration under the carpet when the numbers who disdain our society, culture and history are such a large minority and those questioning such information considered against all reason as racist pariahs by those with their own agendas.   

SJP TRANSPARENCY?

For those who are aware of some of the shortcomings of the Single Justice Procedure Heidi Alexander The Minister of State, Ministry of Justice has published what she considers a suitable answer to the lack of information publicly available for such cases.  IMHO she seems to be arguing that it`s as quick to travel from London to Aberdeen via Cardiff as it is direct.