LOCAL JUSTICE IS ALMOST AN OXYMORON

It seems that there are still some within and many without the legal profession who still retain the concept that justice is “local”.  There is an argument to be made that the concept should be and in many cases is considered an anachronism.  When transport between villages and towns was limited to the strength of a person`s legs for the majority and by horseback or cart for most of the remainder of the population petty sessions  had to be held locally.  As an example there were over twenty petty sessions courts in the West Riding of Yorkshire alone in the 19<sup>th</sup> and early 20<sup>th</sup> century.  Currently there are 871 J.P.s sitting in West Yorkshire and they now sit each for a minimum of 26 half days annually at  only four magistrates` courts in this geographical region.  There is currently a    consultation on the merger of the local justice areas in North Yorkshire which portends more courts closing in that area.   Even in  London with its transport links where many courts have been closed and similar mergers have taken place attendees be they defendants or witnesses can have over an hour`s travel to their “local” court with the cost that that entails.

For M.P.s of whatever colour  these closures are in reality a perfect platform for them to broadcast their  concerns for their constituents.  I would opine that they know as well as those directly involved that the HMCTS steamroller will not be persuaded from its path by any argument that does not meet the single criterion of meeting its budgetary requirements.   But then there`s an election in a 100 days.

NO RELAXATION ON UNREPRESENTATION

There cannot be a single Justice of the Peace who has not been aware of the increase in the numbers of unrepresented defendants appearing in his/her court having pleaded not guilty.   Many such cases with the help of legal assistance would have had an opportunity to consider that plea and perhaps changed it before trial.   From my own experience the rise  in the numbers of such defendants has led to the increasing necessity for legal advisors and bench chairmen to intervene in the process particularly when defendants are in the witness box and when they are  attempting the cross examination of crown witnesses.     This impediment adds enormously to time estimates for such trials.  It is to be hoped that it does not lead to miscarriages of justice.  When, as is increasingly the case, interpreters are used the process can become quite burdensome for all concerned especially the defendant.  It was therefore refreshing to see that a respected media outlet, The Bureau of InvestigativeJournalism, has highlighted the problem.  Nobody in the Ministry of Justice is going to pay a blind bit of notice but nevertheless such reporting should be warmly welcomed by those who currently remain silent.

NOT PROVEN OR NOT GUILTY

Had a case earlier this month where the charge revolved to a great extent around the information held on a mobile phone.  However the local constabulary and the CPS in their wisdom or lack thereof did not provide such evidence.  Once again the hurdle of beyond reasonable doubt allowed a likely offender to walk.  Once again the Scots verdict of not proven described the situation. 

GRAYLING`S LAW

The latest events in the saga of Grayling`s Law is reported in the Law Society Gazette.  One sure benefit of this forthcoming election will see the removal of this abomination of a justice secretary from the office he has forever tarnished.