COURT CLOSURES ARE A PRELUDE TO ANARCHY

Within the legal fraternity in its widest definition there used to be a belief in the concept of "local justice".  In the centuries that magistrates` courts have been in existence "local" has been extended from parish, to district, to borough, to county, to region. Now the terms under which magistrates undertake their duties specify that their remit is "national".  When the Ministry of Justice initiated its closure programme for courts in 2010 faint objections were made on the grounds of accessibility. These objections are now at their height when the predictions of "justice denied" owing to travel times and costs made by parliamentarians and court workers have proved accurate. It was widely reported that the MOJ insisted that even for court appearances in rural areas eg Cumbria and Northumbria, Devon and Cornwall, North Wales and East Anglia  no witnesses would be be required to travel on public transport for longer than one hour.  That commitment has always been denied by the MOJ.

On March 3rd 2018 The Times published the following:-

Reforms to the justice system, including court closures and a move to virtual hearings, will have a damaging impact on access to justice, MPs have warned. In a letter to Lucy Frazer, the junior justice minister, they say the elderly, mothers of young children and those without internet access will be disadvantaged by Ministry of Justice plans. The justice select committee says that proposals flout the principle that 90 per cent of people should be able to reach courts by public transport in one hour. The plans have no “convincing policy justification” and “appear to favour value for money over the principle of access to justice”. They also criticise the “increasing reliance on virtual and online justice”, pursued in the absence of evaluation of pilot projects. A ministry spokesman said: “This government is investing over £1 billion to reform and modernise the justice system, making it more convenient and providing better value for the taxpayer.”

In 2015 the House of Common Justice Select Committee published its findings after questioning many witnesses when investigating the magistracy including those which related to travel times to courts   The situation today has worsened.  Even in 2016 the MOJ denied it had set maximum travel times to court on public transport. But the truth will out.  The situation in Cambridge this year has become a topic of further debate about the terminological inexatitude of the weasels in Petty France.  Similar noises of the real state of affairs in rural areas with court closures can be heard in Suffolk. 

Like so much else emanating from this government there has come about a total non belief in the veracity of senior ministers when describing policy and its ramifications, the statements from the very pinnacle of power re Brexit being just the most obvious but the odious tendency to lie when a cover up is failing will have the most serious consequences for a population beguiled into believing that simplistic populist measures are in its best interests. That way lies anarchy and that is the way we seem to be heading. 

MISSED OPPORTUNITY

Recently the big chief of the Magistrates Association was interviewed by The Times for its law pages.  Even a man from Mars would have thought that that would be a perfect opportunity for this representative of 15,000 JPs to have made plain the ramifications for justice of the Ministry of Justice`s cost cutting and incompetence over the last few years especially when the prisons and the courts are still reeling from the policies of a certain Chris Grayling; perhaps the most incompetent cabinet minister of the last decade although there are others vying for that honour. How more wrong could our alien have been. Apart from slight gentlemanly veiled criticism of the effect on travelling times to court for some and innocuous comments on recruitment an opportunity to say it like it is was neglected.  I have no doubt that this was no oversight. The virtual removal of legal aid at magistrates` courts, the never ending problems of interpretation services, the emasculation of probation services not forgetting the financial tie up the M.A. has with some providers, the apparent intention to phase in video courts in a wholesale manner, the risk to justice of the rubber stamping single justice procedure and the apparent acceptance of the normality of two person benches........all these problems emanating from the bowels of Petty France were obvious by their absence in the interview.  So it`s same as usual. A chairman of the Magistrates Association given a public platform considers his future gong more important than risking being honest about the problems facing a society`s courts system. Once again an opportunity to tell the real truth about justice today is missed. 

COURT CLOSURES UPDATE

Latest information on court closures:-

SALAMI SLICING OUR FREEDOM//LIBERTY REDUCTION ORDERS

Changes have been made to our justice system in the last two decades which would have raised cries of horror from parliamentarians of the 19th and 20th centuries who were as concerned with liberties for the populace as they were with party politics. During my time on the bench ASBOs became the easy way to control behaviour which some described as arbitrary; a seemingly innocuous civil order which opened the door to five years custody if broken. This was followed by Drink Banning Orders in 2010. All they do is displace the problem drinker from one area to another. If ever legislation is seen to be like moving the chairs on the deck of the Titanic DBOs are a prime example.  CRASBOs, Criminal Anti Social Behaviour Orders followed; another attempt by the Home Office under Teresa May to limit the options of those who might have behaved not in accordance with some unstated standards. Since my retirement Community Protection Notices have been a favoured method of exerting control over those deemed to have caused some sort of offence to others whether or not such behaviour could be proved to be dangerous to society as a whole or to individuals.  The senior legal profession has as usual remained silent on the introduction of these liberty reduction orders.

I don`t often agree with much that is written in the Guardian but this piece from Saturday`s edition is a must for those seeking greater understanding of what is happening to justice and individual liberty under our very noses which seem unable to smell the poison emanating from the MOJ and a supine parliament which is in intellectual decline as never before allowing another slice of our freedom to be taken from us. 

AN IGNORANT BARONESS

House of Lords 3rd July 2018

Read below the enlightening remarks of an unelected law maker. Booted upstairs she spouts this rubbish.  If she believes it she ought to know the Sentencing Guidelines. If she`s looking for publicity by being outspoken she should resign.  One more reason to abolish the House of Lords.

Baroness Corston Labour

My Lords, I, too, welcome the fact that the Government have abandoned their prison building programme in favour of women’s community centres. That is certainly better than anything that happened under the coalition. However, I point out to the Minister that in 2017 one-quarter of the women sentenced to prison were serving sentences of less than one month, and 217 women were sentenced to less than two weeks. What action are the Government going to take to stop magistrates imposing these ludicrous sentences?

WHEN LEGAL ADVISERS BARE THEIR TEETH

J.P.s are appointed on the basis of their possessing many of the qualities thought to be necessary to do the job. Whether the job template needs altering is another matter for another time. Although there are lawyers on the bench there are also many other highly qualified people and some not so qualified in academic terms. The legal adviser is there to ensure that decisions made by justices are lawful although that does not preclude a very small minority of decisions going to appeal. I myself have been on a bench whose decision on a property matter some years ago went to appeal at the Queens Bench Division; it failed. Over the fog of time I recollect that our legal adviser when told of our original decision was surprised but when she heard of our structured approach to reach that decision admitted it could not be faulted. And that is as it should be. In my opinion she performed her duty to the letter…..that her conclusion might have differed from ours had she been on the bench instead of in front of it is not relevant. 

These thoughts passed briefly through the space between my ears a couple of months later when we were considering a case of possession of a bladed article. Unless a person has a specific good reason for having the item in his possession he is guilty. In addition that reason must also apply to the moment of possession. So a carpenter eg who uses a particular knife for his job but is found in possession on a Saturday night out is guilty but if he were in possession one morning driving his van between jobs the defence could apply.  Our defendant, an illiterate Kurdish man in his sixties, had been found with a small fruit knife at the bottom of a shopping bag when stopped at a department store on suspicion of committing theft. His defence was that since he had severe untreated dental problems the knife was needed to cut fruit the mainstay of his diet. We were told that he made some money doing odd jobs here and there and he confirmed that he ate a lot of fruit at home and when he was out working because it was relatively cheap and nutritious but that he needed the knife as his teeth were so bad biting was almost impossible. At this point he demonstrated to all that his few remaining canine and incisors were very loose. The prosecutor herself was on shaky ground and this wizened old man held fast to his version of events. The total sum of the CPS evidence was the finding of the knife which was of course admitted. 

Some legal advisers take a more pro active approach to their role than others. It was my practice to tell the adviser that either we would ring for him/her when required or to allow a certain time before joining our discussions. Certainly, unless the situation was very unusual, I did not invite the adviser to join us at the beginning of our deliberations; any legal advice being given in open court. 

In the above case we decided that there was a valid reason for possession and asked our L/A to join us as we began to write our reasons. He asked us to confirm that we had followed a structured approach to our decision and that we truly were aware of the legal interpretation of possession at that moment. We explained that we considered the “moment” was an ongoing event owing to the defendant`s continuing inability to eat fruit in the normal way and cutting small pieces was reasonable activity with the small kitchen knife. However instead of accepting our decision he continued in an attempt to change our minds. He did not succeed. Our decision making was based on a correct application of the judicial structure in which we all received very high quality training and reviews. 

The L/A referred to above in the property case that went to the Divisional Court accepted our decision when assured it had been correctly derived although she admitted her conclusion might have differed. She became a Crown Court judge. There is a moral there somewhere.

PUTNEY BRIDGE JOGGER JOGS FREE

We are often told that this country is the most image recorded in the world. There are an estimated 5 million cameras between John O Groats and Lands End and the density of such technology is highest in London and the major cities. In the capital the central boroughs including the Cities of London and Westminster are the most densely packed with such optical technology.  Putney Bridge, a major traffic artery over the River Thames, has cameras yet all this technical innovation, some would say police snooping, was unable to identify a jogger who last August attempted to injure or worse a woman pedestrian on the bridge. When accessing said webcam today it is no surprise; the picture is blank at 11.15am.   Or is a more likely reason that a man attempting murder has got off scot free because the Met Police are so thin on the ground that they can`t devote the resources to catch somebody who didn`t actually succeed in his criminality?

FRAUD RUNNER

Sourcing news which might be of interest to magistrates especially when returning to the keyboard after a time away rarely fails to surprise.  But surprise doesn`t do justice IMHO to the man who was jailed for assuming the identity of a registered runner at the London Marathon.  He was convicted of *fraud by false representation; an either way offence. The report is available here.  It would seem that the sentence of four months custody was based on the court`s maximum with one third discount for a guilty plea.  It is not unlikely that sentencing for the other offences was concurrent. My question is just how on earth could a lay bench justify in these times such a heavy sentence. Of course we know nothing about any previous convictions he might have had but considering that only about 4% of those sentenced at the lower court receive a custodial sentence this outcome seems arbitrary.  I would opine that if his representative did not immediately file an appeal against sentence there and then she failed in her professional duty.  About a half of such appeals succeed. 

*Fraud by false representation (Section 2)

The defendant:

• made a false representation 
• dishonestly 
• knowing that the representation was or might be untrue or misleading 
• with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely focused on the conduct of the defendant.

THE END OF JUSTICES OF THE PEACE IS NIGH

Having enjoyed the fruits and benefits of a Mediterranean lifestyle albeit including the facilities of air conditioning, superb swimming  and poolside overeating and drinking I am surprised that I have found no comment here or elsewhere on the MOJ`s seeking to appoint a "National Leadership Magistrate" the subject of my previous post. With so many local judicial areas advertising for new magistrates and the increasing retirements of those past their sell by date many benches will soon be constituted by those who have little or no knowledge of what once was the independent magistracy.  The Magistrates Association, a voluntary organisation paid for by subscription, at one time did actually appear to represent Justices of the Peace in their collisions with government.  It failed, however, owing to its articles of association in being a truly members` protective body akin to the BMA and individual J.P.s had no backing when faced with problems concerning their behaviour or words which were deemed to be against the ethos of their position as the junior members of the judiciary.  Indeed many would argue that they were held to higher standards than their seniors. Over my tenure Justices Clerks, their Deputies and legal advisors seemed to exert ever more influence on individuals in their judicial functions; functions which were and should still be for individual magistrates and benches collectively to exercise according to the law and their consciences. A classic case occurred at my court after the riots of August 2011. Pre sitting "advice" from the DJC was that eligible [either way] cases were to be sent to the crown court. My bench disagreed on a particular matter and retained the case. After the legal advisor had made that advice explicit in open court I told a packed courtroom that we were acting against her advice and that she had done her job as she understood it.  There were no repercussions although I`m unsure what the situation would be if a similar situation occurred today. It was the custom at my former court to hold three bench meetings annually where any relevant matters could be discussed informally. The DJC would normally be present. About ten years into my appointment at one such meeting we were "honoured" by the presence of the Justices Clerk; a man ruling over twelve courts. I recollect asking a question or making a point which brought said gentleman to his feet demanding discussion of that particular topic was not to be continued. Naturally I objected to his interference and persuaded the meeting that we should not be told by him when we can or cannot discuss an item on our agenda. Shortly afterwards became the establishment of the National Bench Chairmens` Forum. With the drastic decline in the numbers of magistrates beginning to be felt corresponding to a similar lack of influence by the M.A. and courts closing right left and centre Her Majesty`s Courts and Tribunal Service became increasingly active in the life of the average J.P. who was being treated as an unpaid employee as previously individual courts` control of their affairs was taken over, eg rota functions.  

The appointment of a National Leadership Magistrate is nothing short of appointing a government stooge to validate the extinction of J.P.s function in our courts.  An extract from my post on the topic of June 14th is copied below.  `Nuff said!

 Role Description

The National Leadership Magistrate (NLM) will be the leadership magistrate for England and Wales and is responsible for leading the development and execution of the judiciary’s long-term strategy for magistrates.  The National Leadership Magistrate will serve a three-year term.
The NLM will liaise directly with the Senior Judiciary, HMCTS and external stakeholders.  The NLM will provide a voice for the magistracy at national level and communicate with bench chairs, magistrates and other stakeholders.

Duties and Responsibilities

1. To lead the Magistrates’ Leadership Executive (MLE).
2. To promote the efficient and effective operation of magistrates’ courts. Sharing best practice and assisting in the development and implementation of national and regional strategies.
3. To communicate effectively with the judiciary, HMCTS and other key stakeholders, whilst recognising the need to respect confidentiality, as appropriate.
4. In conjunction with the Regional Leadership Magistrates, to develop national and regional agendas.
5. To represent the views of the magistracy at national level.
6. To provide a positive role model for the magistracy.
7. Provide effective leadership in a rapidly changing environment;

THE MINISTRY OF JUSTICE IS SEEKING A TOAD

I consider the following announcement earlier today of considerable significance so I`ve stopped packing the sun cream for a minute or two to copy it below. The toady who is appointed will no more be representative of JPs than a pig is representative of farmers.  The person selected will be an arrogant bore seeking another post to justify his/her future CBE. This is just another milestone in the road to the total elimination of JPs from our court system

Expression of Interest: National Leadership Magistrate

14 June 2018 |News|Magistrates

We are now inviting expressions of interest for the role of National Leadership Magistrate (NLM).   This is a judicial process being administered by HMCTS.
There is one vacancy, with the successful candidate taking up their position on 1 October 2018.
The closing date for expressions of interest is 6 July 2018
Term length: The NLM will serve a three-year term.
Eligibility: Eligibility criteria and requirements for the role is set out in the attached role description.
Appointments Process
Applicants who would like to express an interest in this role should complete the expressions of interest form and return it to the email address at the top of the application. Forms received after the closing date will not be considered.
Interviews dates are subject to panel members’ availability and will be confirmed with applicants as soon as possible. It is likely however, that they will take place late July/early August.

References

A reference is required before the sift takes place and will be used to inform decisions throughout the selection process.

• Reference Form to be completed

Your referee should be someone who is well placed to comment on how you meet the requirements set out in the job description.  They should be able to provide specific examples that demonstrate how your skills match the qualities and abilities for this role.
Your referee will be contacted very soon after receipt of applications so please provide an accurate email address.  The deadline for return of all completed reference forms is noon on 20 July.
Please ensure you provide the name, email address and contact telephone number of your referee.
Please advise your referee that the preferred method of return is via email – hard copy returns will only be accepted in exceptional circumstances.
Please check with your referee that they do not have a conflict of interest in this exercise and that they are able and content to support you within the required timescale.  You should not nominate an individual who you know to be a candidate within the exercise as a referee.

Sifting

All applications will be sifted by a judicial panel, who will consider the information provided in your application form and in the reference.  A decision will be taken on whether your application should progress to interview stage.  You will receive a letter advising you on the outcome of the sift.
No feedback will be available for this stage.

Interview

If you are shortlisted, you will be invited to an interview with a judicial panel.  Details of dates and location will be sent with any invitation to attend.
The interview will consist of the panel seeking evidence from you against the qualities and abilities for the post.
You will receive a letter (via email) advising you of the outcome of your interview, should you be invited to attend. It is anticipated that you will be informed of the outcome of your interview early/mid August.
If you are unsuccessful at interview, you can request written feedback.  You should make this request to Kelly.dyke@judiciary.uk within four weeks of the date of the letter informing you that you have not been successful.  We will aim to respond to your request within 20 working days.
If you have any queries in relation to the administration of this process, please contact legal.operations@justice.gov.uk.

---

Role Description

The National Leadership Magistrate (NLM) will be the leadership magistrate for England and Wales and is responsible for leading the development and execution of the judiciary’s long-term strategy for magistrates.  The National Leadership Magistrate will serve a three-year term.
The NLM will liaise directly with the Senior Judiciary, HMCTS and external stakeholders.  The NLM will provide a voice for the magistracy at national level and communicate with bench chairs, magistrates and other stakeholders.

Duties and Responsibilities

1. To lead the Magistrates’ Leadership Executive (MLE).
2. To promote the efficient and effective operation of magistrates’ courts. Sharing best practice and assisting in the development and implementation of national and regional strategies.
3. To communicate effectively with the judiciary, HMCTS and other key stakeholders, whilst recognising the need to respect confidentiality, as appropriate.
4. In conjunction with the Regional Leadership Magistrates, to develop national and regional agendas.
5. To represent the views of the magistracy at national level.
6. To provide a positive role model for the magistracy.
7. Provide effective leadership in a rapidly changing environment;

Person Specification

Essential

1. Be a bench chair or have been a bench chair in the three years preceding the recruitment campaign.
2. Be eligible to remain a serving magistrate during the full term of office.
3. Be able to put aside necessary time for the role.
4. Have an ability to build effective relationships with bench Chairs, other judiciary and agencies, such as HMCTS, Probation, CPS and Advisory Committees.
5. Be a team player.
6. Have excellent communication skills.
7. Understand current issues affecting bench management
8. Be comfortable with basic aspects of IT (Word, Excel, PowerPoint, eJudiciary) and interpreting magistrates’ court performance data and similar reports.
9. Have an ability to perform under pressure and support others under pressure.

Desirable

1. Experience of other leadership roles within the magistracy or externally.

 This role will require a very significant investment of your time and frequent travel will be necessary.

THIS J.P.`s OUT OF THE OFFICE

Unless there is momentous news concerning magistrates and their courts this blogger will be on holiday for a couple of weeks exchanging the keyboard for the finest humous and kleftiko that Crete can provide. And no doubt a shot or three of Ouzo might come his way.

Τα λέμε σύντομα

CANADA AND DRUG USE

The decriminalisation of hard drugs has been debated here and elsewhere for decades.  My personal view is that the current so called "war on drugs" has failed and that the current legal situation has no long term future.  Various small countries and US states have legalised the use of marijuana.  It is likely that the first G7 nation, Canada, will follow suit.  An interesting article was published last week in the Guardian a newspaper whose "liberal progressive" opinions are well known.  

COURT CLOSURES 2010- 2017 & MY 1000TH POST

Short and simple but NOT very sweet: court closures listed today which shame the MOJ

This my 1000th post on this site since I moved here in 2013.  The previous four years on a now defunct site when I was active contained 2000+ posts.  I  have my doubts as to whether I`ll be writing here in four years never mind producing posts at a similar rate. Anyway thanks to all who occasionally give a few minutes of their time perusing my offerings.

THE WHOLE SORRY TALE OF MOJ CUTS

From time to time there are, in every walk of life, unheralded events which often are a more accurate indicator of the underlying situations behind those events  than any number of statistical analyses or television interviews by those in authority.  The closure of a third of magistrates courts in the last decade was justified by the Ministry of Justice on cost saving.  But that`s not the message that the dozens of weasels in the MOJ press and PR department  distributed.  Efficiency was going to be improved without any significant downside.  Travelling times for participants to, from and between the reducing available courts were manipulated, predictable detrimental effects of video court "justice" were ignored, communication problems were similarly held to be simply overcome. Add to the mix the limited possibility of legal aid for many? most? defendants and a system that once was held in high regard was seen from outside Petty France as crumbling before our very eyes.  In Shropshire an example of a relatively minor unheralded event (for non participants) being symptomatic of the underlying malaise more or less tells the whole sorry tale.    

Repetition can sometimes, I confess, be a little boring but that does not necessarily reduce the underlying truth.  As a society we are failing the lowest drug addled,addicted and often  mentally impaired  members of society.  Sometimes we lock them up and sometimes we are so much in despair that we don`t.  Pressures are increasing to abandon completely custodial sentences currently available to magistrates.  We are told that rehabilitation will reduce offending for those currently being sent to custody within current magistrates` sentencing guidelines.  It is, however, because that cabinet member of supreme failure Chris Grayling emasculated the probation service on the basis of political ideology that it will be years before there will be confidence in truly being able to undertake such changes.  But we have been here before. His successor three times removed as justice secretary, David Gauke, has said that 3,111 prison officers were recruited between October 2016 and March 2018, surpassing a government pledge to recruit 2,500 prison officers by the end of this year.  What he doesn`t say is that approximately 5,000 prison officers lost their jobs between 2010 and 2016.  The MOJ instigated enormous cuts in those years ignoring the outcries from those who were in a perfect position to predict the outcome. 

Just two of thousands of cases of recidivism which our current sentencing guidelines cannot cope with are available here and here.  Similar offenders  are being sentenced in every courtroom every day all over the country. It is a national disgrace. It must not continue.

There must be out of the box thinking on what can be done for those tens of thousands locked up by my former colleagues annually.  Although forming only about 4% of all those sentenced the costs to society are enormous.  My out of the brain box remedy is a workhouse designed and staffed for the 21st century.  For those interested just type "workhouse" in the search box for my more detailed previous posts on the topic.  

MAGISTRATES RETIRING AGE

For as long as I can remember since joining the bench there have been two underlying causes on their wish list from magistrates individually and as a collective; to increase sentencing powers and to increase retirement age.  As far as the former is concerned there is absolutely no chance of that being granted unless the legal climate experiences a  catastrophic warming.  The question of compulsory retirement at age 70 is more contentious. Firstly the trend for some time as the baby boomers retire is to under resource replacements owing to the gradual but steady increase in District Judges who by their very positioning have been ready, willing and able to forfeit the dubious advantages of steady employment or self employment  in the private sector for a pensioned position in the civil service where they are unlikely, in line with their senior colleagues, to question the actions or directions of the executive paying their wages until they are in a receipt of a juicy pension. There is of course the equality [no discrimination] argument where age related compulsory retirement is illegal in the private sector. Add to that the very reasonable argument that oldies are holding up the progression of younger magistrates and the arguments for and against are likely to continue.  The government certainly is not offering any clues to its thinking judging by the answer below to a recent parliamentary question. So don`t hold your breath.  You`re liable to suffocate before there is a change of policy at the MOJ.

SINGLE JUSTICE PROCEDURE

The Single Justice Procedure is governed by The Criminal Justice and Courts Act 2015.  Many magistrates, I believe, are not fully supportive of the process.  The Magistrates Association has yet to make clear its opinion.  As with some decisions made by individual JPs as to where they want to sit the SJP is for volunteers.  But more to the point it is not justice seen to be done in a court the doors of which are open for anyone to witness the daily activities where  c95% of the criminal justice system takes place. It is a clear example of where the Ministry of Justice and its  wunderkind, Her Majesty`s Courts and Tribunal Service, know the price of everything and the value of naught.  It is a system to save money pure and simple.  It is a moot point whether or not justice is done behind these closed doors where SJP takes place.  Here is a recently published report in the Norwich Evening News. 

Our once admired criminal justice system is being salami sliced to an unrecognisable tick box procedure of an assumption of guilt which the defendant must overturn.  It doesn`t just take place at crown courts where the shifty shenanigans of the Crown Prosecution Service often with the collaboration of the police have shown activities which every honest citizen of this country must find to be blots on our social landscape.  Magistrates are coming under enormous pressures both personal and procedural. Ever since Criminal Justice Simple Speedy Summary [CJSSS] became the watchword a decade ago  government removed its gloves and made it clear it would fight dirty to reduce costs.  Indeed the arch proponent of remaining in the EU Kenneth Clarke when he was Lord Chancellor in 2010 was the very first minister after the election to offer a reduced budget for his department in accord with the Treasury demands; 23%.  His current pathetic performance indicates just how much he values our legal system never mind the result of June 23rd 2016.  Supine individuals have followed him like chocolate soldiers in a heatwave within Petty France  to emasculate our justice system. With a prime minister who in her previous incarnation cared nothing for the rights of the individual I fear we have still some way to travel along that insidious path where only the rich and/or the famous have the wherewithal to fight the state when accused of wrong doing.   

MAXINE DE BRUNNER: CHUTZPAH OR ARROGANCE

I had intended to begin by describing the topic today as an individual who had chutzpah:- the classic definition of which is that given by Leo Rosten: "that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan."  But in the case of Maxine de Brunner of whom I last posted last Thursday May 24th that definition just doesn`t do justice to the unashamed arrogance of this woman.  When she was an Assistant Commissioner at the Met that arrogance should have been extirpated if those at the very top of that organisation had any wider concerns of their public role apart from polishing the turds within their fiefdom.  Still I suppose old habits die hard. 

It seems that the aforesaid disgraced police chief who has cost her previous employer over a million pounds in trying to defend the indefensible seeks to persuade business organisations that her opinions and advice are worth paying for in the form of presentations filtered through her speech giving agent Speakers Associates.  On the basis that the old adage; a fool and his money are soon parted, applies to business I can only assume that any company that employs this person deserves to go down the pan sooner rather than later. 

MAXINE DE BRUNNER: A DISGRACE TO THE POLICE

Recently BBC TV has been showing short docudramas from forty years ago; "Law and Order" in which the corruption of the Metropolitan Police, often hinted at but rarely investigated, is depicted in all its rotten reality. That rottenness has never been entirely eliminated owing perhaps to political awareness of what problems and embarrassment the revelations would cause or the fact that the corrosive constituents are still in place; greed, pride and ego. 

The history of an ex senior Met officer Assistant Commissioner Maxine de Brunner is a history of all that is wrong with the Met. I first commented upon her activities  on 10th June 2016  and then a month later and finally on 19th August 2016.  This sad sordid story is now concluded. Chief Inspector  Adrian Denby a decorated and respected officer has been awarded £870K as a result of de Brunner`s sex discriminating actions against him. That it has taken two years to achieve the wronged officer`s vindication is a disgrace.  That the Met is considering an appeal compounds its folly. What is equally disturbing is that the Home Office refuses to divulge under the Freedom of Information Act the numbers of senior police officers convicted of misconduct; such refusal being only an indication of how serious misconduct by senior officers is on the increase and that the confidence of we the public would take a massive hit if the truth were known.  

THE PERCEIVED QUALITY OF LAY MAGISTRATES

There are around 16,000 magistrates in England and Wales and around 300+  District and Deputy District Judges (MC). It has been the practice since time began that the powers that be namely Justices Clerks or their Deputies who run individual courts to allocate to DJs those matters which might be of public significance, supposedly too esoteric for the lay magistrate too understand or involve complicated law.  I have in the past whilst active but to deaf ears protested about this syphoning of cases. The legal profession by and large disagrees with my point of view and to some degree I can understand this.  There is a large minority of Justices of the Peace whose limited intellectual capacity would be exposed if presented with arguments which strained their brain matter.  Nevertheless IMHO justice is seen to be done when a mini jury of three brings in a verdict as opposed to a single professional District Judge. Such might have been the case last week when a police officer who tasered her force`s own race relations advisor was acquitted of  assault by the unlawful  discharging of a taser gun.  It seems that according to the report "Judge Ikram said: “The issue for me is whether the prosecution have persuaded me that she didn’t act in self-defence. The prosecution failed to persuade me and she is found not guilty of assault for that reason.”"  Presumably the court was shown the video evidence.  My point today is that a jury of three lay magistrates might well have come to a different conclusion in this case.  The corollary is if the Appointments Committees up and down the country fail to appoint the best candidates or make up required numbers by reducing their standards the argument for restricting cases such as this to paid civil servants on the bench will continue in a vicious circle until the magistracy in its current form will be precluded from presiding over any public court.  

OUTSOURCING SCANDALS, BREXIT, MAY MUST GO

From the days of Margaret Thatcher outsourcing has become a watchword for successive governments.  The philosophy behind this form of contracting was and is that much of the expenditure was off the current balance sheet, capital expenditure could be reduced with the price paid  being contracts that were not fit for purpose and trade unions would not have power over the outsourcing company`s employees as they (the employees) would be beholden to the company and not direct government) thus reducing union ability to control or influence said workers.  There have been many scandals affecting these companies and many have direct contracts with the MOJ and Home office  eg running prisons, transportation of prisoners to and from court, probation services, providing translation services for police and courts.  One such company is Sodexo. In 2013 the company was intimately involved in the horsemeat scandal.  In 2016 at Its Bronzefield Prison there was the tragic death of a prisoner.  A year ago its Northumberland Prison registered a death in custody.  


There were 354 deaths in prison in 2016, including three homicides. This compares to 257 deaths in 2015 and 8 homicides. In 20161, there were 204 deaths by natural causes, 120 deaths by suicide and three homicides. 27 deaths are currently classified as ‘other’. This includes 18 deaths classified as ‘awaiting further information’ and nine deaths classified as ‘non-natural/other’. There were 120 deaths by suicide in prisons in 2016, the highest annual number since records began in 1978. This figure may rise when the outstanding AFI deaths are re-classified. There were 90 deaths by suicide in 2015 and 89 in 2014. There were three apparent homicides in prison reported in the media in 2016. There were eight apparent homicides in 2015, the highest number of homicides on record since 1978, where there were five homicides. There were three homicides in 2014 and four in 2013.

Last year Sodexo won a large order for the Department of Work and Pensions. However last week the company was fined £304,925 for operating a river cruise boat  without a valid Domestic Safety Management (DSM) certificate. This omission put the lives of passengers at risk.

In the mind of this capitalist supporting blogger outsourcing in general, not forgetting the scandals involving hospitals and care homes, has reached its sell by date. This and previous government by not restraining raw capitalism which has been allowed to run riot, the Carillion collapse of last month being just the latest example, is bedding in the possibility of Marxists entering numbers 10 and 11 Downing Street. With the current occupants there tearing each others eyes out over Brexit they have lost sight (pun intended) of the basis on which this country has provided our still just about coping standard of living.  MAY MUST GO before it`s too late. 

LATEST COURT SALES INFORMATION

Latest numbers on court closures are below.

RESPECT!

I have long voiced my disdain whilst active and now retired of various displacement orders. Drinking banning orders are such an example; don`t drink in my patch........drink in somebody else`s.  They are often civil orders which lead to criminal charges if breached. They are generally a disgrace to our society and legislature. In Norwich a beggar was under the damacles sword of a community protection order when he was brought to court for breach. The CPS requested that a criminal behaviour order be imposed.  The bench refused that request.  My hat is doffed to their action or rather lack of.   May the magistracy as an organisation of individuals think very clearly before meekly complying with such requests from a CPS which just doesn`t know what to do in these circumstances and a Ministry of Justice which just doesn`t care.

FROM THE PARLIAMENTARY HORSE`S MOUTH

A couple of recent statements and information from the House of Commons.

The first copied below is part of a speech from Alex Chalk, Conservative MP for Cheltenham on the Grenfell Inquiry.  His words should be noted by those who criticise magistrates for not having the intellectual ability to understand complex cases.

"From my experience, just an appeal from a magistrates court in a relatively modest case will involve a judge and two lay assessors. That is why it is critical that the other members of the panel, which includes Mr Justice Moore-Bick, have decision-making power. They cannot simply be there to be thought of as making up the numbers; they must bring their weight of experience from the community and shared understanding. By the way, over many centuries lay people have shown themselves well able to analyse complex issues and do justice. To those people who might suggest we have simply a single judge, it is no answer to say, “Oh, it’s too complicated, too difficult, too technical.” Lay people are capable of understanding—of course they are—as long as matters are properly presented, and I am sure they will be."

An interesting parliamentary answer yesterday on the cost of pre-sentence reports is copied below..

Rory Stewart The Minister of State, Ministry of Justice

Information is available on the direct staff costs of preparing a pre-sentence report, based on the average time in which it is expected that reports will be completed. These costs include the time spent by the officer in court to deliver the report.
The average assumed cost of each type of report is shown in the following table:

Report type	Assumed average cost per report (£)
Standard-Delivery Report	270
Short-Format Report	110
Oral Report	60

Information is also available on the annual volume of pre-sentence reports delivered in courts across England and Wales in 2015-16 and 2016-17. Full-year figures for 2017-18 are not yet available. The following table shows annual volumes of pre-sentence reports ordered by the courts for 2015-16 and 2016-17, together with estimated total costs. These estimates are based on the average cost figures given above and the planning assumption that 60 per cent of all reports should be delivered as oral reports, 30 per cent as short-format reports and 10 per cent as standard-delivery reports.

Data Period	Total number of pre-sentence reports (000s)	Assumed Costs (£m)
1 Apr 2015 – 31 Mar 2016	160.4	20.9
1 Apr 2016 – 31 Mar 2017	136.7	16.1

IS AN ENGINE CUT OUT A GET OUT FOR MOBILE PHONE USE WHILST DRIVING?

It has been illegal for a motorist to use a mobile phone while driving since 2003. This includes handling the device, sending a text or following a map, even when the car is waiting at a set of traffic lights, as the engine is still running. In 2017 stricter phone driving laws came into force in a bid to deter people from breaking the rules.

A few years ago owing to an EU determination to reduce pollution many cars were being offered as standard equipment an engine cut out when the car was stationary.  I wonder if any legal eagles have attempted to use this factor in an attempt to have a client acquitted of the charge of using a mobile phone when driving. 

CITIZENSHIP POST BREXIT

Currently there is no requirement for a jury member to be a British citizen. Surprisingly there is a similar lack of citizenship needed for an aspiring M.P.  Anyone wishing to stand as an M.P. must be over 18 years of age, and be a British citizen or citizen of a Commonwealth country or the Republic of Ireland.  In the light of current events perhaps the time has come to alter the rules of both organisations. 

THE CASE TO BRING BACK THE WORKHOUSE

Six months ago I posted on the benefits of the workhouse if the Victorian model were updated for the 21st century. The situation over the weekend at a special sitting of Nottingham Magistrates Court was just another example of what courts nationwide see every day; it is a disgrace to the society we live in which we are told by politicians of various hues is the 5th largest economy in the world.  During my lifetime since the end of WW2 this country that stood alone for a year against Hitler has been unable to harness the strengths of its people to do in peacetime what they did in war.  That is not the fault of the people but of those of Left and Right who since then have mismanaged the economy.  There is currently a BBC programme on what was the world`s most innovative aircraft manufacturer.  I recollect as a young child my father taking me to see the then largest passenger plane in the world; the Bristol Brabazon. It never was more than a prototype because its piston engine power was about to be superseded by jet propeller power.  Then the same company produced the Bristol Britannia a jet prop airliner in which I have flown which was rendered obsolete by the incoming Boeing 707 also in which I have been a passenger. The tale continues right up to Concorde  which was much too small via the Comet in which I also flew. The car industry suffered similar decline as did myriad other industries where poor management and myopic reasoning prevailed.  And so it is with social measures to limit the headlong plunge to penury and misery of a persistent small percentage of the population. Surely it doesn`t take a would be Marxist power to the people follower of Castro and all things anti historic to wake us up to the mismanagement of current social thinking. Bending over backwards to avoid giving offence to every Tom, Dick, Harry, Tommasina or Harriet leads to a broken spine.  Taking penniless addicted or non addicted individuals through a courts system which has been emasculated serves no purpose except to highlight the complete disassociation of those in charge and the population being served. Our social care system in all its aliases is broken. So once again I ask why there should not be re-established a nationwide series of workhouses where the dregs of the law breaking miscreants currently brought through the courts can be legally held in secure accommodation until such time as their release would be to their benefit and society`s as a whole? 

RAPE "NOT PROVEN" BUT ONLY IN SCOTLAND

When it comes to society, justice and the law Scottish thinking is often practically and philosophically some distance ahead of the other parts of the UK.  The alcohol tax introduced this week is an example which is highly unlikely not to be followed south of the border in due course.  On the subject of trials the Scots verdict, unique in the English speaking world, has many merits as does the requirement of two witnesses, even if police officers,  to corroborate evidence.  However when the subject is rape controversy is never far away in Scotland as elsewhere. Conviction rates are bandied about like jelly beans depending upon which side of the argument one is supporting.  The recent problems disclosed or rather not disclosed in recent high profile rape trials in England have brought the topic to a wide audience.

In March in Scotland there were angry protests at new guidance that could force rape victims to give evidence against their will. Earlier this week Scotland`s chief judge suggested that rape "victims" need not appear in court. These two apparently diametrically opposite viewpoints can be read and compared in reports here and here. 

There is no doubt that this debate will become more heated in all parts of the country.  When not just a normal act between two people but one could say an essential part of human life can become a criminal act there is bound to be rancorous debate.  When the likelihood of an impartial witness being available to corroborate or deny an account by the accuser or the accused is constrained a court must use all it has at its disposal to reach the truth; an exercise of extreme difficulty.  All of which leads me round in a complete circle from my statement above; namely the verdict of "not proven" in a rape trial must in real terms be a summation in the minds of many jurors but finding actual expression only in Scotland. 

MP`s SELF PROMOTION

Since the introduction of Sentencing Guidelines over a decade ago the process of sentencing has been reduced to a tick box exercise. Different Acts of Parliament and various degrees of seriousness, harm and culpability are to be considered. In the matter of assault these vary from common assault to causing actual bodily harm. As an example of the former with regard to the protection of those in the police force a separate charge was instituted under the Police Act 1996, s.89.  Now it is hardly a revelation that many individual M.P.s attempt to attach their names to initiate legislation sometimes  of great significance eg the Abortion Act by David Steel in 1967. But it is equally the case that some arguably useless pieces of legislation have slipped through the occasionally sharp eyed spectacles of the parliamentary draftsman. Such an instance is typified IMHO by Laura Smith Labour MP  elected  in the snap 2017 general election. As a newcomer to the House of Commons she is trying to fly her debutante`s flag from the legislative flagpole by expressing  her support for a new law that would offer more protection for police, firefighters and NHS workers in Crewe and Nantwich from sexual assault.  Note that all she apparently has done is to send a press release on the topic. She has not spoken in parliament on any subject allied to this press announcement. Public servants, such as she seeks to protect, have all the protection needed by their very occupation offering aggravation to the sentencer and thus increased culpability. Perhaps shouting loudly in the local press is an acceptable way for a new female Corbynista MP  to retain the support of her public. 

TIMES ARE CHANGING FOR DRIVERS

I blog only occasionally on motoring matters cf criminal behaviour by drivers.  As is often said of law breakers, ignorance of the law is no excuse. It is a long time since I paid more than a cursory glance at what the Daily Express had to say but for many drivers and car owners the times are a changing.  

HOME OFFICE IS DEMONSTRATING ONCE AGAIN THAT IT`S UNFIT FOR PURPOSE

A chief Constable will be appearing on 24 May 2018 at Westminster Magistrates court on a  Health and Safety prosecution.  Although unrelated it is interesting to note that the Home Office has refused to release figures on the numbers of senior and chief police officers found guilty of misconduct. In the light of current matters at said Office this blogger is of the opinion as a previous incumbent made clear  that it needs a thorough overhaul of policy, personnel and oversight i.e. it is not fit for purpose.