For anybody interested in the law and the legal system last week`s ITV programme on the Court of Appeal was possibly the most interesting and entertaining programme on the subject for many a year. For a very long time I have been an advocate of live streaming of court proceedings with, of course, the caveat that we don`t lose sight of "justice" for all parties by the nature of the editing and directing which would be inevitable. Indeed a five minute delay when broadcasting live would be essential. However I sense that there is much opposition to the very idea of "court TV". Opposing opinion strikes me as very similar to that existing when the live televising of parliament was mooted in 1968. The question to arise is not if to have TV coverage of courts but which level of court should be the first to be broadcast. An argument that a dedicated TV channel be devoted to the topic might find favour with current media outlets being amongst the obvious contenders for such a franchise. With the Supreme Court having been the first (Scottish courts excepted) to allow the cameras within its dusty walls and last week`s programme as precedents I would opine that in keeping with the trend, cases at the High Court would follow. Under the strict direction of senior judiciary justice would be seen to be done by the public which is being served. On the other hand if magistrates` courts proceedings were televised it might have more appeal and interest in an area where criminal activity at all levels could be related to by viewers. It might also act as a deterrent and public humiliation for potential offenders just as the stocks did so many years ago.
One thing can be predicted with absolute certainty; the angst within the legal fraternity re live TV from courts will be seen in a couple of decades from now as parliamentary broadcasting was amongst politicians years ago. And that was based, despite the hot air of political windbags, on efforts to preserve secrecy of the goings on in a clublike atmosphere. Just as parliament exists for the functioning of our democracy and not its players so justice in the form of our courts exists similarly. Let it be seen and heard to be done.
SIR –
According to the 2011 census, 87 per cent of the population were white
or white British. That means that 13 per cent were not.
Why, then, is John Bache, Chairman of the Magistrates Association, worried that only 12% of JPs are black and ethnic minority? This seems reasonable to me, bearing in mind that those appointed in the last century would have been proportionately more white.
Until I retired as a magistrate last year, most criminals were male, yet half of the bench were women. It is fair in general terms to argue that magistrates should reflect the society which they serve, but that does not mean that an individual defendant should expect a bench reflecting his or her characteristics, particularly if they are of a criminal tendency.
Michael Staples JP
Seaford, East Sussex
SIR – Mr Bache is trying too hard to be politically correct by seeking to recruit more former offenders as magistrates to “make those accused of crimes feel less alienated by the justice system”. It is far more important that the justice system retains the confidence of the victims of crime and the law-abiding majority, as well as criminals, by having magistrates of obvious integrity.
Ronnie Bradford
Vienna, Austria
Why, then, is John Bache, Chairman of the Magistrates Association, worried that only 12% of JPs are black and ethnic minority? This seems reasonable to me, bearing in mind that those appointed in the last century would have been proportionately more white.
Until I retired as a magistrate last year, most criminals were male, yet half of the bench were women. It is fair in general terms to argue that magistrates should reflect the society which they serve, but that does not mean that an individual defendant should expect a bench reflecting his or her characteristics, particularly if they are of a criminal tendency.
Michael Staples JP
Seaford, East Sussex
SIR – Mr Bache is trying too hard to be politically correct by seeking to recruit more former offenders as magistrates to “make those accused of crimes feel less alienated by the justice system”. It is far more important that the justice system retains the confidence of the victims of crime and the law-abiding majority, as well as criminals, by having magistrates of obvious integrity.
Ronnie Bradford
Vienna, Austria
SIR –
Your report includes the phrase “hiring more magistrates”. Magistrates
are not hired but appointed, as unpaid volunteers. That needs to be
borne in mind in any discussion of the matter.
As to the need for diversity, the principal requirement is awareness of the circumstances of those who appear in court. You need not have financial problems to judge poor people, or be black to judge black people.
Experience like that gained in Citizens’ Advice, seeing people of every kind of background, can provide the necessary qualification.
Katie Watson
Petworth, West Sussex
SIR – Sitting as a deputy stipendiary magistrate, I did not have to be a former thief to know the difference between a mother stealing food for her hungry child and a man stealing watches for profit.
Peter Thompson
Sutton, Surrey
SIR – Mr Bache suggests that recruiting magistrates with criminal records would make those accused of crimes feel less alienated by the justice system. I thought that one aspect of the justice system was just that – to make criminals feel alienated from the norms of civilised society.
David Salter
Kew, Surrey
SIR – It is suggested that former criminals should be magistrates, and only gay actors should play gay characters. What next – MPs that have lived and worked in the real world before representing us mere mortals?
David Dorey
As to the need for diversity, the principal requirement is awareness of the circumstances of those who appear in court. You need not have financial problems to judge poor people, or be black to judge black people.
Experience like that gained in Citizens’ Advice, seeing people of every kind of background, can provide the necessary qualification.
Katie Watson
Petworth, West Sussex
SIR – Sitting as a deputy stipendiary magistrate, I did not have to be a former thief to know the difference between a mother stealing food for her hungry child and a man stealing watches for profit.
Peter Thompson
Sutton, Surrey
SIR – Mr Bache suggests that recruiting magistrates with criminal records would make those accused of crimes feel less alienated by the justice system. I thought that one aspect of the justice system was just that – to make criminals feel alienated from the norms of civilised society.
David Salter
Kew, Surrey
SIR – It is suggested that former criminals should be magistrates, and only gay actors should play gay characters. What next – MPs that have lived and worked in the real world before representing us mere mortals?
David Dorey