COURT INTERPRETER STATISTICS

If there is one factor about our justice system as a whole of which we should be proud  it is the intention, although not always achieved, to ensure that any witness will have provided an interpreter if the court or tribunal has doubts as to an individual`s ability to comprehend the proceedings if English is not a first language.  How often do we read of British citizens abroad being forced to endure legal proceedings without such services being provided.  Detailed figures on the provision of language services are available here with an accompanying guide.

CLOWNING AROUND

Halloween will soon be upon us with the dreadful American cover all of "trick or treat" now firmly established upon the mainly middle classes and their children.  So we middle and working classes who are preyed upon and who likely live  in houses and not five storey housing blocks  will have the required bribes near at hand to pacify the young beggars even those dressed in clown outfits. Is it a coincidence of the calendar that adults dressed a la Stephen King`s killer clown have been playing games here and in the United States; games which might frighten those of a nervous disposition?  What seems certainly not playful is the attitude of police and in this instance police in Worcester.  Assuming that said clowns are not in possession of any bladed article or similar is it really necessary to take such a heavy approach to what are probably lonely miserable misguided adults who are so pathetic that they cannot perceive that their behaviour whilst not threatening might actually frighten some folk. Do such individuals realise they run the risk of a declarable criminal record by their foolish antics?  I suppose that for the police it`s an easy collar and one more supposed crime solved.

GAGGING INTERNET TROLLS OR GAGGING FREEDOM OF SPEECH?

It seems that Alison Saunders at the CPS is about to slice just a little bit more from our freedom of speech.  In the aftermath of many comments, some more warranted than others, on the effects on psychologically vulnerable individuals  of on line abuse Ms Saunders has warned that social media users could be prosecuted for a range of offensive behaviour not excluding virtual mobbing or doxxing which means putting someone`s personal details on line. On the other hand she has advised that prosecutors should exercise considerable caution before bringing charges under the Malicious Communications Act 1988 or the Communications Act 2003.  The new guidelines state that the communication or post must be more than offensive, shocking, disturbing, satirical, iconoclastic or rude and be more than an expression of  unpopular or unfashionable opinion, banter or humour even if distasteful.  It will interesting to read of the application of the guidelines in the next well publicised such case in the public domain.

SENTENCING OF PAEDOPHILES

In the year ended March 2015  6400 convictions for paedophilic and other sexual offences were recorded. In the first quarter of this year 2288 cases were brought before the courts either way or on indictment. We are told that sentencing for such offences has become more severe but as in all statistics there are anomalies.  In this case the offender was given seven years custody but as in all such disposals it is not unlikely he will be released early.  It cannot be said that the sentence was unreasonably harsh or too light.  Yet in this matter twelve months custody suspended for two years was the outcome.  Another case that caught my attention was  this one where the disposal was 10 months custody suspended for two years plus extras with a most bizarre plea of mitigation apparently helpful in his escaping immediate custody.    

Such heinous activities are on the increase.  Their detection and processing through the justice system costs a fortune. If thought through logically why should these perverts not be required to pay substantial sums towards these costs.  After all many other users of the justice system are being given no choice whether in the civil or criminal courts about paying for the privilege.  Substantial costs could be offered by offenders to receive a reduction in custody imposed.  Of course some would object that going down this route would benefit wealthy offenders but are not higher fines already available in magistrates` courts in lieu of more onerous disposals?

KNIFE CRIME; THE SAME OLD SAD STORY

Today with much trumpeting the Sentencing Council published new guidelines on knife crime. Considering the Tory Party conference has just finished I wonder if this is a coincidence.  Ever since my particular interest in criminal law began about twenty years ago each and every government has declared its intention of increased sanctions against those using or brandishing a knife or bladed article; eg on 21/09/2008 Jack Straw then Minister for Justice in his speech at the Labour Party Conference said; " Yesterday we saw the determination of those affected by knife crime as they marched through London. We stand firm with all those who know too well the devastating impact these crimes have and as Jacqui will be spelling out  later, all of us pledge that we will relentlessly keep up our efforts to tackle it."  Every minister responsible for policy on criminal activity since then has repeated a similar mantra.  A limited microcosm of attitudes to knife crime was my topic 3rd July 2015. To return to the reality of daily life in our courts the sentencing structure at Bolton Youth Court earlier this week might raise an eyebrow or two in the light of the above.  The report is as full as one can hope for in the local press but the underlying principle is clearly understood: that the mitigation of the offender`s  dreadful previous experiences and possible rehabilitation was considered to be more important than public protection that would have been offered by his immediate confinement.  Truly the bench will have it on its collective conscience should he cause injury or worse to anyone in future.

VIRTUAL REALITY OF VIDEO COURTS

Justice delayed is justice denied.  That legal maxim has been around for a while and truth be told it has merit.  One only has to consider the lengthy and protracted legal proceedings in a place like India to endorse the sentiment.  But.......and there is a big "but" speedy justice can be little or no justice at all.  In China by all accounts a sentence of execution is carried out within hours or even minutes of the judge`s pronouncement. So it was with some interest that I have been reading of the MOJ`s plans to pin its hopes on the concept of the video or virtual court.  Cambridge Magistrates Court has now gone active with this process.  This report in Cambridge News nowhere mentions the word "magistrate" in a substantive context.  It`s all centred on police procedures.  I just wonder how much input local benches had.  And of more than a little interest their conclusions if indeed they were asked to contribute to the original proposals.  The report concentrates on supposed benefits to the operating capacity of the constabularies involved.  It is a moot point whether such benefits are another product of the virtual reality involved. 

PROBATION REFORM AND McKENZIE FRIENDS

There were many who were doubtful of the hype surrounding "reform" of the probation service.  Sadly but predictably these scepticisms have borne fruit. I told you so is no response to the appalling mess created by Chris Grayling.  It seems political advancement  is the reward for failure.  

With the advances in civilisation it seems that the idium "nature abhors a vacuum"  should  also be applied to humanity.  The wholesale decimation of our legal aid system and the consequences for those bereft of legal advice has in a remarkably short timeframe turned what was an occasional situation in courts into one where those unqualified in law but assuming the mantle of McKenzie friend have even formed their own association. I last posted on this topic 12th January 2016.  It seems, not before time, that the authorities are beginning to take notice of these people.   Perhaps some of the benevolence apparently seeping out from this Tory government will reach the MOJ.

LEGAL AID STATISTICS

I really don`t know whether it is praiseworthy or not but with the legal aid statistics published last week there is also published a user guide to be read in conjunction with the main paper.  My initial reaction is that if statistical tables require that much explanation something is amiss but I guess readers with stamina will make up their own minds.

TIME LIMITS TO POLICE BAIL

Magistrates are used to dealing with bail cases; to a point.  Applicants have been charged and a bench applies guidelines and rules to assess whether in fact remand in custody is necessary or indeed permitted for said offence and/or offender.  Police sergeants at the station have a different problem pre charge.  With a large number of high profile persons having been investigated for child abuse offences in the last few years and many subsequently at liberty on police bail for over a year without being charged the subject has finally hit the headlines with government proposing to place a time limit of 28 days in all such bail cases except in specific cases.  In addition a magistrate would be required to authorise any application to extend bail beyond three months.  Police chiefs have swiftly condemned these proposals.  

I can well understand the police position.  Their numbers have dropped dramatically in the last six years from 143,734 to 124,066.  Although perhaps some statistics tell us crime has fallen and others that it hasn`t IMHO reduced numbers of police officers mean that all the work that they do has to be rationed or performed over a longer period.  And that includes investigation into criminal activity when the person arrested has yet to be charged. F.O.I.  figures for the Met Police in 2014 show 4630 people were on bail for over six months.

Governments always seek scapegoats when publicly funded organisations or those contracted out have their budgets cut dramatically, way beyond expectations of increasing efficiency, and subsequently fail to perform to expected standards. The NHS, UK Border Agency as was, the Probation Service, the Prison Service are but a few examples.  The police are no exception.  Considering the prime minister`s previous office this meeting of contrary opinions is going to cause not a little dust to fly. 

SENTENCING BY FOOTBALL RESULTS

Once again those running football are in the news because of their greed rather than their ability.  Magistrates` benches, unlike football managers,  are ideally constituted for diversity in all its forms; by sex, ethnic origin, by age so that their decisions might be as representative as possible in our diverse legal areas.    At my appointment potential Justices of the Peace had to declare their membership or not of a masonic lodge and their political preferences but that no longer applies. In one sector they are not selected by this variety all sorts approach to justice. They are not mandated to declare their allegiance to a sports team; rugby or football; cricket or hockey.   So in theory in a tight city like Liverpool or Manchester where if there is allegiance for J.P. footie fans  it is between two football  teams and it is not inconceivable that all three members of a bench could support the same team.  Now what happens if that team loses on a Monday night especially to its local opposition and three supporters are on the bench the following morning?  Now, dear reader, you`re wondering if I`m slightly off my head as well as off topic.  Researchers at Louisiana State University in the USA have asserted that juvenile offenders, particularly black offenders, were handed harsher sentences when the university`s football team lost especially when that loss was unexpected.

I wonder if too clever by half criminal lawyers will line  up this possibility of sporting despair when advising convicted clients of their chances on appealing sentence especially if sentence was by single District Judge..