It is my opinion that maladministration in my court
has increased measurably since 2012 and substantially since HMCS took over from
the days of magistrates` courts` committees.
The latest figures from the Ministry of Justice on ineffective trials add more weight to that opinion. In 2013
there were 155,087 trials in magistrates` courts of which 27,247 (17.6%) were ineffective. Of these ineffective trials 7,640 were owing to court maladministration;
i.e. just under 5% of the total trials and 28% of the ineffective trials. The 2nd quarter of this year shows
that that last number has risen to 29%
and 18% of the total number of trials were ineffective. In other words the problem is becoming
worse. I wonder if Chris Grayling will
be braying about this most obvious indicator of his ability to undermine our
justice system in magistrates` courts.
He will of course argue that the numbers are marginally better than 2006
before staff numbers in the courts and the CPS were decimated by the current
administration. Just how far he is
prepared to go is indicated every day by
what he has done and is doing to the
probation service and our system of legal aid.
Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.
Thursday, 25 September 2014
Wednesday, 24 September 2014
NON CPS COURTS
Non CPS courts often provide the most stimulating
of sittings where logical thought, judgement
and the ability to dissect legal argument are the basis of conclusions both on
verdict and sentence. I`m thinking particularly of breaches of enforcement
notices. But on the other hand when a
morning or afternoon is spent rubber stamping decisions on liability for the
now defunct and discredited Child Support Agency despair is about the
description best suited to put on line.
When Council Tax committals are also on the list one cannot but have
some sympathy for a few of those who come before us. They are the few whose lives are in such
turmoil that any “safety net” provided by government or charity has netting
with such gaps that one can only attempt to ameliorate their situation whilst
applying the law as generously as possible.
It`s assumed we`ve progressed beyond the workhouse of Victorian times but how far beyond?
At our last such sitting my colleagues and I left
the building with the knowledge that as per our usual listing pattern it would
be some months before we would again be assigned such a court.
Monday, 22 September 2014
MOTORING COURT
It is common practice that a motoring court will
comprise many dozen cases. The last such
sitting was no exception. We had over
sixty defendants listed with about two dozen having multiple charges. There were twenty two appearances one of whom
was of that well known tribe; the Freemen of England. In the usual manner of those people he tried
to overwhelm the court by his outspoken opinions of who and what were fit to hear his case. With a L/A who takes no nonsense and a
chairman not known for his reticence he was persuaded to plead to “no insurance”
being advised it was a strict liability
offence. His “not guilty” resulted in a
trial date being set and his response to bench advice that the case would still proceed
if he didn`t turn up was greeted with ,”Don`t you worry your worship I`ll be
there with all my evidence”, whereupon he showed us all a thick pile of papers
in a transparent envelope. I`m sure my
colleagues in November will be up to the task of providing justice although
from my past experience it will require patience, tact and a firmly drawn red line which, if breached, unlike that before
the esteemed chieftain Mr B O`Bama last year should
provoke sanctions. We had two totter defendants,
one of whom was represented, arguing
exceptional hardship. That particular gentleman might have felt his money was
not well spent when his argument was rejected. We
accepted the other`s plea and banned him for 14 days. Unusually there were two cases of permission to drive as a defence against no
insurance. Both were rejected. Two totters were disqualified for the
mandatory six months and five other non appearances were summonsed to appear to
argue why they also should not be disqualified as totters. A speeder caught doing 104MPH in a 70 zone
whilst driving his Aston Martin was quite relaxed when his fine and costs of
over £1,000 plus four weeks disqualification were announced. Compared to the Swiss courts he got off lightly. Presumably he could afford to
employ a driver for the prescribed period.
A German gentleman earning over
£2,000 per week after tax was most surprised that even with a guilty
plea he was fined an amount commensurate with his income for no insurance.
All in all just a normal sitting in the motoring
court.
Saturday, 20 September 2014
PERFIDIOUS ALBION
How twenty fours can encapsulate all that brings
derision to politics and politicians but with one exception. We will never know how many of the 2,001,926 “NO” voters were persuaded by
Cameron and Milleband`s last minute
promises of change but already the caveats are set to obfuscate the
actuality. This apparent volte face will
live in the minds of these people for a long time. The phrase perfidious Albion comes to
mind. The only person to emerge with
credit from this is Gordon Brown whose rousing speech in Dunfermline this
morning shows a man changed beyond all recognition from the weak indecisive
misfit who flunked calling an election in 2008 which he could have won. I`ll be in Glasgow in the near future. My eyes and ears will be more sensitive than
usual.
Friday, 19 September 2014
NO SENSE OR NONSENSE
The last decade has seen almost a running feud
between government and the police; federation or otherwise. Notwithstanding the reforms initiated by Tom Winsor Her Majesty's Chief Inspector
of Constabulary a position he has held
since 1 October 2012, the reduction in
police budgets, the scandals of Police and Crime Commissioners and assorted
Chief Constables and continuing doubts
over the accuracy of various crime statistics to many people the visible
presence of police on the streets is what is required to assure them of public
safety. It has been consistently
demonstrated that with reduced personnel police have to be mobile in order to
offer rapid response to threats to person or property. Thus the ubiquitous moving illuminated Christmas
tree AKA a police car in pursuit mode is an all too familiar sight. Such vehicles cost over £40,000 on
average. With such a capital cost
involved one might think that police would make maximum use of such a
resource. One would be mistaken with
regard to Police Scotland. In Dundee it
seems a police car has more worth being parked in the city centre as a deterrent
to criminal activity. Placing life size cardboard
cut outs of police officers in shopping centres as deterrents to would be
miscreants proved to be a false economy as police found out in Essex and Gwent
but at least these two dimensional objects
of ridicule could be recycled into something more useful eg fuel for power stations or for their
colleagues` target practice on the shooting range. But it`s hard to believe the sense in leaving
a £40K police car lying around..........................!!!!!!!
A
full size toy would make more sense.
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