OUR NON SENSE OF SMELL

There occasionally are incidents or alterations of national  procedures which whilst perhaps insignificant in themselves are indicative of profound changes in what could arguably be termed “our culture” defined as the ideas, customs, and social behaviour of a particular people or society.  In my lifetime I would suggest that some examples of our culture were free university education, blue hardcover passports and the discretion allowed to eg teachers or police officers to make on the spot decisions without recourse to a higher authority because those professionals had earned social and professional respect.  At “street level”  the advice of most parents to their children if they found something of value  on the road was to hand it in at a police station.  It was a given;  a no brainer: a classic example of the difference between a child well brought up and one with no moral parameters.  That simple concept more in keeping with theory than practice served me and my contemporaries well.  Only once did it actually happen to me  and I recollect as a child taking what seemed a very large pound note to the local police station where it probably ended up in the sergeant`s back pocket.  That could not happen today.  Many police stations are refusing to accept lost property placing the onus on the finder to seek out the loser. 

Readers might consider this change in procedure  trivial and it is.  But it is symptomatic of what changes in law, policing, individual freedoms and justice are happening right under our noses.  Because individually these  changes  might emit little odour,  collectively our  noses should be overwhelmed by the smell.  They aren`t;  and to our detriment as a society our collective culture has passed the point of no return.  Where in most matters British was a term of pride it is now just the description of an  island off the north west coast of Europe.   

PEDANTS RULE: O.K.

We`ve all read transcripts of 999 calls where the document has been adduced by the CPS or occasionally counsel for the defence and generally do not question its accuracy.  I was of that mind until a recent sitting caused an abrupt change of mind.  The document covered a call of about a minute and was two pages in length.  During the call the complainant never mentioned by name or   relationship the person who, she felt, was a threat to her.  He was referred to throughout as “he”.  However just over half way through the document the police support person taking the call referred to the third party by name.  Now it might just be my paranoia getting up a head of steam but I found this rather peculiar.  There might have been an innocent reason for this occurrence  but fortunately there was no need to probe further as we found no case to answer.  But the lesson was well learned; in court there is no embarrassment  in being a pedant....in fact it should be considered a compliment.

MAGISTRATES MIDDLE CLASS?

Many years ago I questioned why the Magistrates` Association could not employ a press officer at least on a part time basis such were its poor PR efforts.  As I recall the answer was that there were more pressing needs for its members` fees.  And that was when there were close to 30,000 members.  Now there are barely 20,000 and even with increased membership fees the treasury must be getting rather bare.  The current chairman has been associated with the upper echelons of the organisation for quite some time and should hold himself partially responsible for current criticisms.  A few days ago he gave an exclusive interview to The Times behind its paywall.  He describes the MA as having been under attack in recent months.  Make that “months” years and the article would have the beginnings of some accuracy as to his comments and to his culpability.  He bleats on about the same old topics of his predecessors but what amused me most was his denial that the magistracy is elderly, middle class and predominantly white.  It is elderly because most younger people of working age or their employers cannot afford an absence from their jobs of  a very minimum of  26  half days  annually sitting in court  plus at least two full days training when they are entering or within the most costly period of their lifespans.   If middle class is a description of  income level or occupation it is not unreasonable to consider somebody with the mental and personality capacities to be a Justice of the Peace to use those faculties in the employment they undertake.  I have known many people described as working class who could have  sat on the bench but were unable to afford the time and hence the loss of income to do so.  The last criticism which he correctly denied  of  there being  a “white” magistracy indicates only too clearly the ignorance of those who make that assumption.  Benches truly reflect the ethnic make up of their regions.   But to return to the term “middle class”; Mr Monkhouse uses his own persona to counter that  allegation above mentioned insofar as he is not middle class because  he says “I am a northerner; I go to football every week.......”

So there you have it from the chairman of the Magistrates Association.   My colleagues south of Watford who spend their Saturdays not watching football........yep......they`re  middle class and conform to the stereotype.

THE CONCEPT OF POLICE AND CRIME COMMISSIONER REQUIRES OVERHAUL

When the concept of Police and Crime Commissioners was mooted I must admit to having a positive outlook. However since then a combination of  events has caused me to have second thoughts.  A recent news report has more or less convinced me that whilst the idea might have merit its implementation has not been carefully managed. 

The report in the Northern Echo of three regional PCCs castigating a crown court judge for his sentence in a case of actual bodily harm in a domestic context shows that those people have not referred to the limits of their powers.  They have entered an arena which they should have had the good sense to   avoid.  In addition their referral was directed to a body that they should have known had no jurisdiction over their  so called complaint.  The post of Police and Crime Commissioner requires immediate overhaul. 

MISMANAGEMENT OF OUR COURT

There were four trials listed for the sitting.  Considering a sitting is three hours  the procedural formalities for each trial even that which seems the  simplest on paper can be quite time consuming.  Add to the mix an unrepresented defendant and/or an interpreter both of which are increasingly commonplace and the loosest of schedules can be widely missed.  That it wasn`t was due entirely to the ineptitude, inefficiency and mismanagement of the court`s and CPS administrative staff not excluding those in senior positions who appear to have no idea how to manage inefficient staff or are precluded from so doing by the machinations of the civil service and the associated unions.  We were told that the first matter listed had been discontinued precisely one day previously resulting in the defendant appearing before us at 10.00a.m. with her witness in tow having had no idea of the change.  The letter of discontinuance would not necessarily have been posted immediately the decision had been made. Indeed it was news to the court.  There was no telephone call, text or e mail to the court or defendant.  She was so relieved to be spared the ordeal of defending herself that she refused to apply for her travel expenses for her two hundred mile round trip.    The second trial listed involved a Slovakian accused of a minor traffic offence. He had brought  one witness.  CPS told us there was a single police officer on their side.    The case management form from the first listing at which our L/A had also been the L/A showed quite clearly that a Slovak interpreter was to be ordered by the court.  No such instruction was carried out by the court administration staff whose responsibility it was and so the trial was adjourned despite the bench suggesting that CPS “take a view” insofar as the offence was non endorsable and a police officer had already wasted almost a whole morning.

The remaining   two cases were dealt with but we still managed to end the session ten minutes over time.   This is the reality of a typical sitting in an English court.  There are of course the usual squeals of budgets having been cut by 23% since 2010 and consequent staff reductions of c 10%.  For these reasons it surely behoves management to utilise staff to maximum effect.  Grayling has insisted,  at least in the civil courts, that the courts in his perverse thinking  must pay their way like any other business.  He seems to overlook the fact that no business on earth would allow the mismanagement that occurs behind the scenes of my court or presumably any other.