Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
I agree entirely. In my experience the CPS is showing increasing signs of serious failure. There is no accountability, no ownership of cases, no signs of effective management of staff and growing signs of disillusionment from prosecutors.
The trobule is all the experienced staff who knew what they are doing have left- paid off with golden handshakes because they were too expensive, to be replaced with what we used to call "diluties" that is watered down prosecutors who are not properly trained and not given the authority to make decisions. Cheep and cheerful, nice people but not up to handling slippery defence lawyers. That is not to denograte slippery defence lawyers- that's what they are apid to do, be slippery!
It is sad but true the justice system is going down the pan followed by an almighty flush. Injustices are occuring every day both to those accused and those who are victims. The politicians fiddle while Rome burns.
We have some very poor prosecutors, but also some excellent ones. It seems to be up to the magistrates to allow the CPS an adjournment if they are unprepared but have a sound case (absolute offences, for example) but that can deny the defendant the right to a timely trial. One of the biggest problems is the CPS failing to supply DVD or other evidence before the day of the trial — if then.
I'm not around any more, but I understand that it is now common for the hapless prosecutor, far from having a full file, having to rely on the good nature of the defence's file to have a clue about the case. Incidentally, absolute offences are exceedingly rare, and I doubt many of us have ever been involved with one.
You're not getting confused with strict liability offences, are you? These are offences to which there is no defence - eg dispensing a prescription which has been forged, no matter how diligent the enquiries to try and prove it to be genuine, or selling a Lottery Ticket to an under 16 year old even if convinced that the buyer was older. Such an offence does require an element of voluntariness. Absolute offences, on the other hand, are those where not even a voluntary action on the part of the defendant is necessary -eg the man found guilty of being found drunk on the highway, despite the fact that he had been taken there by the police from the hospital where he was comatose.
Posts are pre-moderated. Please bear with us if this takes a little time, but the number of bores and obsessives was getting out of hand, as were the fake comments advertising rubbish.
I agree entirely. In my experience the CPS is showing increasing signs of serious failure. There is no accountability, no ownership of cases, no signs of effective management of staff and growing signs of disillusionment from prosecutors.
ReplyDeleteThe trobule is all the experienced staff who knew what they are doing have left- paid off with golden handshakes because they were too expensive, to be replaced with what we used to call "diluties" that is watered down prosecutors who are not properly trained and not given the authority to make decisions. Cheep and cheerful, nice people but not up to handling slippery defence lawyers. That is not to denograte slippery defence lawyers- that's what they are apid to do, be slippery!
ReplyDeleteIt is sad but true the justice system is going down the pan followed by an almighty flush. Injustices are occuring every day both to those accused and those who are victims. The politicians fiddle while Rome burns.
God help us!
I have to say I don't see much problem with the quality of the prosecutors appearing in my court. It's the other factors I referred to above.
ReplyDeleteWe have some very poor prosecutors, but also some excellent ones. It seems to be up to the magistrates to allow the CPS an adjournment if they are unprepared but have a sound case (absolute offences, for example) but that can deny the defendant the right to a timely trial. One of the biggest problems is the CPS failing to supply DVD or other evidence before the day of the trial — if then.
ReplyDeleteI'm not around any more, but I understand that it is now common for the hapless prosecutor, far from having a full file, having to rely on the good nature of the defence's file to have a clue about the case.
DeleteIncidentally, absolute offences are exceedingly rare, and I doubt many of us have ever been involved with one.
Absolute offences, like drink driving, are exceedingly rare ????
ReplyDeleteJumping a red light?
DeleteYou're not getting confused with strict liability offences, are you? These are offences to which there is no defence - eg dispensing a prescription which has been forged, no matter how diligent the enquiries to try and prove it to be genuine, or selling a Lottery Ticket to an under 16 year old even if convinced that the buyer was older. Such an offence does require an element of voluntariness.
DeleteAbsolute offences, on the other hand, are those where not even a voluntary action on the part of the defendant is necessary -eg the man found guilty of being found drunk on the highway, despite the fact that he had been taken there by the police from the hospital where he was comatose.