A ONE SOLICITOR SUCCESS STORY OR JUST GOOD PR?

I was around in an age when many (most) professions did not allow advertising. I remember being told of a friend`s colleague who opened a new optician`s store in the 1970s and plastered the glass front door with "we take ACCESS" "we take VISA" signs.......it was the beginning of the age of credit cards......... and who was reported by a rival to the regulatory authority; the General Optical Council. Nowadays it is virtually anything goes so long as the Advertising Standards Authority doesn`t disapprove. 

Lawyers were quick to jump on the advertising bandwagon. Some, perhaps more conservative by nature, employed public relations companies or had in house employees to plug their own advantages over other practitioners. I don`t know if Rotherham solicitor Hester Russell, head of criminal law at Harthills Solicitors, used either of the aforesaid means of gaining a headline or whether he spun a yarn to a gullible local reporter but the end result quite blatantly suggests that this gentleman single handedly brought the much laid plans of HMCTS and its CEO to extend court hours at his local court to a grinding halt. 

Mr Russell might be a very eloquent member of his species notwithstanding that the  current plans of HMCTS have been put on hold including his local court. On the other hand perhaps his skills in PR are as highly focused as any others he might possess.  

POLICE MISCONDUCT,TORIES & A RED FLAG

An item on the very serious (gross) misconduct of a senior police officer caught my eye today and is commented on below but before I put finger to keyboard I quickly checked on some previous posts on this topic; there have been so many over the years that if any reader is interested just type in the search box "police misconduct".

When an Assistant Chief Constable, usually 3rd in the hierarchy after the Chief and Deputy, is facing and found guilty on a charge of gross misconduct, it is not unreasonable to expect that he should be dismissed.......no ifs, no buts.  However in Cambridgshire that has just not happened the reasons given by the tribunal being as follows below which is quoted directly from "Police Oracle".  The local news media for some reason did not use the quote; an omission which I find surprising. Its version is available here. 

"The chairman told Mr Malik, "Any officer of any rank  from police constable to chief constable who aspires to and achieves excellence should be entitled to call upon his service record at times of trouble and ask for it to be weighed in the balance in his favour". "

This IMHO is a dangerous precedent in the general process of discipline as in this case but in the wider field of jurisprudence in general. It was applied earlier this week in the matter of a medical student who was guilty of stabbing her then boyfriend. The judge considered that her circumstances allowed him to suspend a fairly short custodial sentence considering the severity of her crime. Mixed reactions unsurprisingly resulted on social media. 

There appears to be an indeterminate area of our society where the rigid ethos of our Judeo Christian heritage has given way to a thick fudge of equivocation. I do not wish or mean that we should have a society acceptable to the Plymouth Brethren or the "Wee Frees" in Scotland. We have burned enough witches. But the Tories and their capitalistic supporters have lost sight of a humanity and common cause which has in the past served us well. They have allowed perhaps a majority of voters to be subsumed in a cultish following of an Alexander Kerensky figure surrounded by those who would make this place a nation for the few not the many by  having state control of many of our services and industries. Those old enough to remember the havoc of the 1970s had like me a supply of candles when the lights went out. Since 2010 we have been witness to the incredible naivety of Tories who did not recognise that the institution of capitalism had to be controlled and more importantly seen to be controlled: that the organs of state including police forces, the NHS and the rest had to follow guidelines that achieved respect from the public. Having just watched Corbyn`s speech to his Labour acolytes in Brighton I fear the Tories` failure is beyond redemption and the red flag will in due course be flying high.

REASON ITSELF IS UNDER THREAT BY HUMPTY DUMPTY

All too often magistrates are reported to the Judicial Conduct Investigations Office for what they have said either in court or our of court.  And all too often their perceived indiscretions conclude with their being removed from the magistracy.  Crown Court and District Judges (MC) rarely appear in the news for inappropriate remarks whether in or our of a court environment. Of course there is a simple reason for that apparent lack of judicial chastisement; such individuals are skilled in avoiding controversial remarks which might lead them to explain themselves before the JCIO.  What then of HH Timothy Spencer QC and his comments a couple of weeks ago at the gypsy slavers trial at Nottingham Crown Court. To quote the judge`s remarks from the report, "Judge Spencer told the family: "You claimed that what went on at Drinsey was no different from what was going on at any travellers' camps around this country, that all travellers had workers operating under similar conditions."Sadly, I very much fear that you may be correct about that. But that does not make any of it right."

Presumably it is the second of his sentences reported that have prompted a complaint since the first merely quoted the defendants` words. To observe the possibility that the defendants` admitted actions might indeed be the case does not, IMHO, justify the mean spirited complaint and referral by the National Alliance of Gypsy Traveller and Roma Women. They would surely have been wiser to issue a statement of fact refuting the judge`s comments if indeed they could be refuted. This recourse to complaining to authority about perceived offensive language is becoming endemic in a world truly smitten by the Humpty Dumpty virus of words meaning what the listener wants them to mean. The public spats over what is considered hostile to supposed transgender people is taking these forms of criticism to localities where reason has its head stuck up its arse.  Indeed reason itself is under threat and its adherents have fewer and fewer places to express themselves.

MAGISTRATES IN FAMILY COURTS

The magistracy has lost about 60% of its numbers in the last decade. There are many reasons for this astounding reduction including a drop in cases coming before the courts, a large increase in the numbers of lawyers appointed as District Judges (MC), retirement of thousands of baby boomer JPs and fewer volunteers with the resources to make the necessary sacrifices in time and income to devote even the minimum twenty six half days annually and three or four days training. A most important consequence of this lack of personnel is the shortage of magistrates trained to sit in the Family Court. Until now at least two years experience sitting on the Criminal Bench was a pre requisite for those wishing to sit on Family. Personally I did not consider myself a candidate for any but the Criminal Bench where I was a chairman for many years. It seems that the shortage on the Family Bench has been recognised by The National Bench Chairmen's Forum, the Senior Presiding Judge and the President of the Family Division.  To alleviate the problem a major change has been approved for the selection process; JPs will be appointed and/or allowed to sit on the Family Court without the aforesaid probationary period.  

It goes without saying that the qualities needed  of a family magistrate differ greatly from those of their peers on the Criminal Bench.  With that thought in mind I recollect clear instructions from trainers in my early days on the bench that we were not social workers. That perhaps is explanation enough why the new rules have been enacted. Whilst empathy of individual JPs when on the bench was not a handicap the training advice indicated where a line had to be drawn.  For those colleagues who did and do manage to ride both horses simultaneously I have nothing but admiration having seen them countless numbers of times reading through family reports sometimes of hundreds of pages.  

Whilst I have been critical of many so called initiatives of the last decade in the structure and running of magistrates` courts many of a corporist nature this particular one has my backing.  It should place many round pegged magistrates in round pegged courts.

STOP THE CLOCK ON COURT HOURS EXTENSION

The plan by HMCTS for flexible operating hours in courts has been postponed.  It was due to begin in November but had met much resistance from the legal profession. Magistrates haven`t been too vocal in their opposition. Ostensibly the delay is to allow a more thorough investigation into all aspects of the proposals. Such a confession is an indictment itself of the manner in which the timetable had been set. The clock has been stopped.  It is not unlikely that if and when this exercise to increase utilisation of courts is concluded the result will bear little relation to that which was originally intended.  The very verbiose and Twitter happy CEO of HMCTS has explained herself here.

TO BAIL OR NOT TO BAIL;THAT IS THE QUESTION

The issue of pre trial refusal of bail for defendants has always been a contentious issue. It is certainly amongst the most difficult decisions made by magistrates. Taking away the liberty of an unconvicted person strikes at the heart of our justice system.  To that question in the few years prior to my retirement the situations where bail was mandatory in the pre trial stage were increased. With those thoughts in mind it was interesting to read this week of the numbers of defendants remanded in custody who were not later convicted at  crown or magistrates` courts. 

NOT MILK AND HONEY BUT BREAD AND GAMES

The Home Office has rarely been a direct topic of this blog.  Of course its effects on our legal system and the control of police affect us all.  In November 2011 a previous Home Secretary uttered the now famous phrase in which he described his own fiefdom as "not fit for purpose".  Many would argue that the situation is today not much changed. One fact however that has emerged from that department is that its current incumbent appears to have only limited control of what goes on under her name.  Last week an asylum seeker was flown out of the country in direct contravention of a court order known to the Home Office which was in place prior to the departure of his flight to Turkey en route to Afghanistan. There are two simple conclusions to this sorry affair; Amber Rudd knew of the court order but ordered her civil servants to continue with the deportation or she did not know and her officials did her dirty work in the full knowledge that they were acting illegally.  If the former is true she should resign and if the latter her incompetence and lack of control of her own department lend itself to the simple conclusion that she herself is not fit for purpose. 

There is no doubt that the quality of the individuals at the head of government with only a few exceptions  is devoid of intellectual rigour and application. When cabinet ministers` bending rules extends to a public lack of confidence insofar that politicians lie in order to cover their arses  we are in a sorry state. It is that very perception that has allowed populists Trump in America and Corbyn in this country to garner support from a broad swathe of the population which is being led by the nose to a promised land which will soon be found rather than  being composed of milk and honey to consist of hate thy neighbour and bread and games.  Come back Nero; all is forgiven.

POLICE & PCCs/SOME ARE A DISGRACE

I suppose there`s a good case to answer insofar as police and Police Crime Commissioners is the group of public sector workers most often in the public eye.  That being the case one would have thought that in the light of past behavioural, disciplinary and procedural problems members of those bodies would ensure for their own employment prospects that their actions were acceptable to inquisitive public scrutiny.  One would have been wrong. Following are a just a few very recent cases reported this month where it is hard to believe that some individuals consider themselves perhaps not above the law but certainly above scrutiny.

In Worcestershire a Police and Crime commissioner does a deal which certainly was and is worthy of investigation.

In Wiltshire a PCC is under scrutiny for his handling of the job.

In the West Midlands a police officer`s remarks whilst wearing a body camera are so outrageous it`s hard to believe he was accepted as being suitable for his job.

In Leicestershire four police officers are sacked after a prolonged investigation into profoundly un police officer like remarks made in WhatsApp exchanges. 

These examples are not those of so called political correctness.  They go to the heart of what is just totally unacceptable as far as police are concerned.  With regard to the Police and Crime Commissioners they are just the latest in a long  line since the office was created a few years ago.  When such people have the power to hire and fire Chief Constables their history, credentials, behaviour, actions and remarks must be equal to the highest standards expected of those in public office.  How these two can remain in position escapes me.  One thing for sure as a result of their misdeeds real and apparent  and those of dozens of other PCCs is that a democratic vote isn`t necessarily the best way to fit the correct individuals in high public office. 

3 WISE MONKEYS OF HMCTS

For those who have followed my weekly report on HMCTS communications with interested parties on the scheme for "flexible working" there is still no comment on what seems to be the only question concerning magistrates.  Perhaps HMCTS is following the policy of deaf ears and blind eyes to justify dumb mouths. Question is copied below. Website is here.

May posted on on 25 July 2017
Have you secured sufficient numbers of magistrates to the proposed rota for extended hours? Similarly have you DJs in place. If to my first question the answer is "no" will you attempt to use DJs more often? Have you sufficient of them for your proposed needs? Do you have a division of sittings in mind for JPs and DJs?

THE LAW AND ANIMAL BEHAVIOUR

Animals usually feature in the legal pages and reports when they attack a human being, escape from captivity, save their owner from a fate worse than death, help to capture criminals etc etc.  Images appear when their expression seems almost human like.  Indeed last week an attempt to assign copyright of a monkey`s image to the monkey itself failed. However a more interesting and some would say sinister case is taking place in Scotland where a defendant is accused inter alia of training his dog to perform a Hitler salute to promote his alleged anti semitic views. Where can this progress in law and disorder end up?  Amongst commonly owned animals horses and pigs are perhaps the most intelligent and responsive to being trained by their human masters and mistresses. The latter species for obvious reasons perhaps lends itself to being used in demonstrations against Muslims and/or Jews. I wonder what police reaction would be if a nazi badged porker was included in such a demonstration? Probably a public order charge would be levelled against its owner.  Now that would be an interesting case to report here.