NOT SURE OF NOT PROVED

Those associated with the Scottish legal system have generally been proud of its efficiency and fair treatment of defendants.  Indeed along with education it was cited often during the referendum campaign as symbolic of the country`s status as  an independent  nation within the United Kingdom.  With the recent amalgamation of the separate police forces in Scotland into a unified command;  Police Scotland, there has now been established an expert group to examine the ramifications of abolishing “corroboration” in the courts.  The most widespread example is that two witnesses not excluding police officers  are required to give evidence against a defendant whereas a single witness is sufficient in the other parts of the U.K.  There are also going to be questions as to changing the number of jurors and the majority needed to convict.  All these proposals are, according to the arguments,  to safeguard the innocent until proved guilty concept of our justice system.  It seems strange therefore  if  the Herald report is comprehensive  that that most unusual of all processes in Scots law, the verdict of “not proven” ,    is not up for consideration.  On the surface that verdict alone seems calculated to ensure that any shadow of doubt in the prosecution case  is firmly placed in favour of the defendant.

JEREMIAH J.P.

Once again the best brains at HMCTS seem to be trying to stand up straight with their knickers rather twisted.  One would have thought that after the debacle of the contract for interpreters which revealed unbelievable inefficiency and arrogance in that organisation more mundane matters such as managing rotas would be handled with at least an impression of best practice.  It can arguably be the case that correct management of a rota system for the effective functioning of the country`s magistrates` courts is a prime if not the prime objective of a system which has  this year been forced from being a  local function to a national one on the civil service reasoning that bigger is always better.

Our bench prior to 2012 had about 260 members and after amalgamation with a further two local benches that increased by about 100 or so.  During that earlier time period one rather overworked but extremely efficient person did her very level best to ensure there were three person benches for every court having used a simple computer based system every six months to produce a rota for that purpose. When faced with short handed benches she knew who to contact for short notice additional last minute sittings; namely those who had indicated their general availability on the rota request form.  Late in 2012 she left work  for personal reasons and was replaced by two novices who were instructed to immediately institute an annual rota and to offer the whole new bench the opportunity to fill last minute requirements.  The result was obvious to anybody with an ounce of common sense.  Offers to fill last minute vacancies were left unconfirmed until just a few days prior to required dates resulting in an enormous increase in two person benches and a reduced offering from  those whose diaries demanded a more efficient service.  Whilst the novices are now experienced in their task it is only this year end with our yet to be published rota that it will be for a six month period only as it was previously.  This should assist members in forecasting more accurately their anticipated availability.  But we are still suffering from last minute court cancellations and paradoxically last minute pleas for assistance in constituting benches of three even although our enlarged bench now has the same number of J.P.s as our original bench of 2011.   The eagerly awaited rota for January- June 2015 will, we have been informed, be full of the latest bells and whistles. It will comprise,  in addition to regular allocated sittings,  mentored sittings, appraised sittings, crown court sittings besides the expected mix of sex and ethnic diversity.  However if increasing numbers of colleagues continue to offer only the minimum number of sittings or not many more I cannot foresee that  2015 will be much different from 2014 in numbers of cancelled courts, cancelled sittings, two person benches and last minute requests to make up properly constituted benches. 

Just call me J.J.P..............Jeremiah the Justice of the Peace.  

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.