I chaired a court today, and much of our list consisted of cases for sentence, most of them backed up by Pre-sentence reports from Probation.
In recent months, I have often thought that much of our work would be better done in an NHS context, rather than the criminal justice system. We read one full psychiatric report today that went into great technical medical detail, while concluding that the defendant was fit to plead. Not for the first time we read that a man's fragile but stable mental state had deteriorated catastrophically following his acquisition of a heavy cannabis habit. I am no doctor, but I have seen plenty of medical reports linking high-strength cannabis use with pushing people who are borderline-psychotic over the edge. Another man was so unwell that we could not realistically set a date for his trial.
Another man came up from the cells with a quiet warning from the clerk that he was likely to be difficult. Sure enough he had refused to speak to the duty solicitor, or to engage with probation. I fixed him with a steely gaze, and spoke to him firmly, demanding an answer to each question, refusing to acknowledge surly grunts. He was soon compliant and we tidied up his case without any problems.
Absurdly, we are still obliged to impose the Criminal Courts Charge, even though it will be abolished in two weeks' time. I expect that sums due will be quietly written off in due course.
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.
Sometimes It is hard to accept the UK is the 5th richest country in the world, the lack of resouces given to lookafter its most fragile is astonishing
ReplyDeleteAnd word has it that the pronouncement will have to contain a CCC of £0 after 24 December.
ReplyDeleteMagistrates may sometimes be pretty stupid but not this stupid!
DeleteI suppose you can't just defer sentencing for two weeks?
ReplyDeleteWe have been told by the powers that be that this is strictly verboten. Although I understand that various Judges on higher pay grades (!!) are doing just that.
DeleteI wouldn't take anything for granted with the CCC, which reflects a state of mind completely opposed to a judicial one, but very common in certain populist quarters. The CCC is still on the statute books and could be brought back in an instant.
ReplyDelete