LOCAL JUSTICE BELONGS IN THE DUSTBIN

I have often considered that those in Scotland responsible for matters of law `n order in all its manifestations have  a great deal more common sense in their approach than their counterparts in England & Wales with the possible exception of the recent decision to remove the need for corroboration which has been unique to Scots law.  Their decision to reduce the amount of alcohol above which the offence of driving with excess alcohol becomes effective is a case in point especially just before Christmas and Hogmanay. The imposition of a Scottish national police force is a prime example of the national good overriding the petty czars  who resisted the change.  Those in opposition cited the “local policing” for local people argument.  The same argument has been used regarding magistrates` courts insofar as the presiding lay benches should reflect the local population.  This, so the argument goes, allows local knowledge to be applied and for respect given to the benches` ethnic composition.  This is all so much flim flam.  Local justice areas are gradually being enlarged.  It is only a matter of time until  they will be effectively eliminated. National Sentencing Guidelines were inaugurated  above all to eliminate what could be described as post code sentencing or in simple terms to reduce variations in sentencing in different areas of the country for what was considered similar offending.  I am unaware that District Judges are appointed only to courts where they have a local connection.   Perhaps at some not too distant time the Ministry of Justice will recognise that we have had national justice imposed and consign to the dustbin of unwanted political garbage the term “local justice”.

OFF TOPIC (2)

EBOLA

Recently attended a wedding where one of the happy couple had been born in Sierra Leone.  In conversation a few weeks previously he told me that anybody on his list of invitees who would have  been in that country within four weeks of the wedding would not be invited.  To reassure me, and I presume many others,  he added that any of the prospective guests who had been in personal contact with any visitor from that country would with regret not be invited. 

DO WE WANT A UNIFORM AT EVERY CORNER?

I suppose it started in the NHS........surprise surprise.  At first there were nurses. A patient would have the assurance and comfort knowing that the person in a pristine newly laundered uniform and white head covering (usually female) was a qualified State Registered Nurse who in addition to pursuing her health care duties would also make your bed, bring your meals and generally be available to assist recovery morning noon and night undertaking even the most menial functions.  And then there came  the State Enrolled  Nurse who had gained a lesser qualification than her  S.R.N. colleague and worked under her supervision.  And lo! It came to pass that voices from the one at south west  number ten decreed that all nurses be university educated.  So we all give thanks to these travellers from the East and South who have forsaken their homes and families to minister to the sick and aged of the United Kingdom assisted by minions who undertake the tasks too lowly even for them. 

The teaching profession was not far behind in the employment of low paid “assistants” employed to provide additional one to one help where the classroom teacher was considered too busy to help little Johnny reach the required fluency in reading.  These assistants are now classified as jobs in  themselves and undertake tasks that were unenvisaged when they were first deployed; tasks that were thought to be the teacher`s preserve.   

Police Community Support Officers have been on the streets since 2003.  They were initially classified as “support”  personnel for warranted police officers.  No formal qualifications are required for this job which pays new recruits c£16,000.  Unsurprisingly many police forces on reducing budgets whilst cutting numbers of  quality warranted officers are making up with quantities  of PCSOs.  Now; as if that it is not enough various constabularies eg Lincolnshire are actively seeking volunteer unpaid PCSOs to fill their ranks.  It is one thing to have volunteer warranted police officers i.e. special constables  but “employing” unpaid uniformed street patrollers is a  step far too far.  Adding to the thousands of  current council employees who can issue fixed penalty notices  for parking, minor traffic , dog fouling, spitting, litter and other offences  has uniformed state authority  gone mad all in the name of austerity? 

GOOD INTENTIONS AND THE ROAD TO RUIN

Something is badly out of kilter.  At my last morning  sitting I entered retiring room as usual to check arrangements for the day ahead.  Five trial  courts were operating and each with only two J.P.s.  There were no religious holidays that day for Christian, Hindu, Moslem or Jewish colleagues.  There has not been a `flu epidemic.  There was no transport strike.  Local trains were not reported as having problems with the leaves on the tracks and there were no unusual road hold ups.  The bench liaison office just could not summon enough sitters.  Who is to blame?  Candidates are Bench Training and Development Committee who make recommendations, Appointments Committee,  local court manager i.e. the  Deputy Justices Clerk, the  Justices Clerk with overall authority for many courts in the area,  HMCTS or Ministry of Justice?    I recollect having sat on two trials where my single colleague and I could not agree a decision on guilt and retrials were ordered.  Admittedly this is such tiny proportion of my involvement in trials as to be statistically insignificant.  Nevertheless  courts should consist of three lay justices; not two. 

This is just another example of the malaise within the system.  Those responsible from the top ranks of government down to those in the trenches bear a grave responsibility for constructing the road to ruin for our summary justice system which they have paved with the supposedly good intentions of reducing the deficit.