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.

WHO NEEDS LEGAL AID?

As I recall, only once have I had a QC in front of me and that was in connection with a planning matter of some importance.  It is quite a story in itself when an individual of such exalted status appears before a magistrates` bench.  The fiancée of celebrity Stephen Fry had the benefit of such high level representation when he appeared before Cwmbran magistrates recently. There is a report in the Daily Telegraph.

There is as much similarity in the argument that a “short, sharp custodial sentence” is a waste of time as there is in the debate as to whether a seven day driving ban is any sort of punishment or deterrent in a matter of speeding.   Unless  a ban is of significant length; ie 28 days minimum,  my opinion is and has been that exceeding 100MPH on a motorway is worthy, all things considered,  of there being given serious thought to the imposition of 6 penalty points as the preferred option.  But then what do I know?