tag:blogger.com,1999:blog-2727871367480602637.post5837603039944398152..comments2023-07-10T10:57:18.522+01:00Comments on The Magistrates' Blog: There But For The Grace of God......Bystander http://www.blogger.com/profile/10211688955428527960noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-2727871367480602637.post-91866295088328962642014-07-29T15:52:43.577+01:002014-07-29T15:52:43.577+01:00There is often a tactic to drag out an irrelevant ...There is often a tactic to drag out an irrelevant aspect to confuse the witness and so make them appear unreliable. Many years ago I was in the public gallery watching a trial where the defence questioned a witness over a slice of toast - for two hours. At the end it was everyone in the whole court that was confused, not just the witness.VBWhttps://www.blogger.com/profile/01538273773504183218noreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-85117009900219311032014-07-28T20:39:04.727+01:002014-07-28T20:39:04.727+01:00I used to be faced with a prosecutor and defence s...I used to be faced with a prosecutor and defence solicitor who proved the truth of reincarnation.<br /><br />Three magistrates, all bound to retire at seventy, could not have committed enough sins in one lifetime to deserve these two. It must have been the sins of a past life catching up on us.Andrew Thttps://www.blogger.com/profile/17273362558325263161noreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-79006834961972238702014-07-28T16:00:14.250+01:002014-07-28T16:00:14.250+01:00Attention is increasingly becoming a good in short...Attention is increasingly becoming a good in short supply, constantly besieged by an overflow of information of all kinds, as we all are. It's years now that I feel that to be boring , wordy, circuitous, is a serious and unfair attack on other people's time, patience and professionalism. That said, being short sharp and to the point in examining vulnerable witnesses is a bit of problem; it's a case when hearers' patience may well be used up, yet not misused. Of course this too can be brought to an excess. Italian Lawyernoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-23348567724111710642014-07-28T09:01:39.837+01:002014-07-28T09:01:39.837+01:00On the point of boring and repetitive questioning,...On the point of boring and repetitive questioning, it is of course the Chairperson's job to appropriately intervene if the advocate is asking the same question of a witness over and over. Sadly, this is one area where colleagues can be a bit shy of saying quite rightly to the lawyer 'Asked and Answered Mr/Ms X Move on please' <br /><br />And before anyone asks, I have never been shy!!!SouthLondonJPnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-62559153124604223202014-07-27T21:33:18.305+01:002014-07-27T21:33:18.305+01:00English Pensioner - there's a defence lawyer i...English Pensioner - there's a defence lawyer in these parts who I think tries to use boring the bench to sleep as part of his strategy. I've never nodded off, but I have adjourned for a break because I was aware my concentration was going. I understand why its necessary to ask repetitive questions but I do wonder whether there isn't more that could be agreed before a trial so that the time could be used efficiently on the 'controversial' matters of substance.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-52037536328360670462014-07-27T15:19:17.644+01:002014-07-27T15:19:17.644+01:00I've been on a jury a couple of times and near...I've been on a jury a couple of times and nearly nodded off on both occasions due to the repetitious nature of some part of the proceedings. I'd hate to have to listen to trials as a full time job!English Pensionerhttps://www.blogger.com/profile/15271488641341955140noreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-45694276391410297012014-07-27T11:09:45.927+01:002014-07-27T11:09:45.927+01:00As a new JP many years ago, I was surprised to dis...As a new JP many years ago, I was surprised to discover that some of the longer serving colleagues were accustomed to visiting a local working men's club at lunchtime. One day I was sitting as a winger, the Chairman being one of the imbibing faction. The morning seesion went well. However, before the afternoon session the court clerk spoke to me and the other winger. He warned us to watch the Chairman - he expected him to fall asleep, but was concerned that he might snore. Our job as wingers was to try to keep him awake, but under no circumstances allow him to snore. He did nod off, and jerk awake when prodded. He did not snore. In the retiring room, he made an excellent analysis of the case, and guided the bench to a just outcome. I admit I was amazed. I later found out that all the court users: prosecutors, defence, ushers etc knew of his tendency to nod off, but did not complain because of his ability to get to the heart of a case. I do not condone his behaviour, but despite it he was a good magistrate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-83618907273717846852014-07-27T08:36:35.858+01:002014-07-27T08:36:35.858+01:00The same Vera Baird who managed to pick up a CRO n...The same Vera Baird who managed to pick up a CRO number while serving as Attourney General for a serious driving offence and the "Do you know who I am?" incident at Kings Cross station after she refused to clean up the mess her dog left on the platform? Thought so. Hypocritical doesn't even begin to cover it. Tognoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-42006432775551995092014-07-26T17:57:44.913+01:002014-07-26T17:57:44.913+01:00And, of course it was Ms Baird when a junior minis...And, of course it was Ms Baird when a junior minister who said that a Judge was guilty of incorrect sentencing because there happened to be an outcry about his sentence. In fact she had to apologise publicly and was lucky to keep her job.Onlookernoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-64430506786220449122014-07-26T17:03:36.169+01:002014-07-26T17:03:36.169+01:00Everyone has an opinion on everything, and they ha...Everyone has an opinion on everything, and they have to give it and it is invariable negative.. Its the way the Country is going. . Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-70170828808182524542014-07-26T15:02:07.229+01:002014-07-26T15:02:07.229+01:00Presumably he was specially 'ticketed'. Us...Presumably he was specially 'ticketed'. Us ordinary 'untrained' justices aren't allowed to deal with even minor sexual offences in the youth courts. Incidentally, I am interested but not surprised that three 'celebrity' defendants were all dealt with this week by 3 DJs in our so-called, Magistrates' Courts. In one case, I assume a DJ was brought in specially as I doubt if one sits regularly in that court, but I may be wrong. It might have just been a coincidence in listing! Intriguing that none of the Bystander team ever seem to comment on this.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-9372977570062255852014-07-26T14:12:22.232+01:002014-07-26T14:12:22.232+01:00I entirely agree with your analysis, BS, and in fa...I entirely agree with your analysis, BS, and in fact find it quite shocking that a supposedly competent QC - an officer of the court herself - should so blatantly prejudge the issues and facts, and feel free to denounce the judge in this case without having heard any more than the barest of outlines of what went on. <br /><br />Her comments actually say more about her own unsuitability for public office, let alone judicial responsibility, than they do about the Recorder's conduct. She should face professional misconduct proceedings, inter alia for bringing the bar into disrepute. <br /><br />Kate CaveatAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-30848769127956860112014-07-26T11:49:02.724+01:002014-07-26T11:49:02.724+01:00I can certainly understand a judge nodding off dur...I can certainly understand a judge nodding off during a trial. As you say, it happens to us all. What surprises me about this story is that a trial into an alleged rape of a child was being presided over by a Recorder. Raping a child has to be one of the most serious offences it is possible to commit. I would expect the more serious the offence the more experienced the judge. Is that not how it works? Anonymoushttps://www.blogger.com/profile/16857090170906423360noreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-81284107649466464542014-07-26T11:39:20.810+01:002014-07-26T11:39:20.810+01:00"Vera Baird" & "Out of touch&qu..."Vera Baird" & "Out of touch" - how often have they been said together? (Remember the bad old days when SGs & AGs could go on to a High Court judgeship unimpeded - luckily we've been spared Mrs Justice Baird - for the moment).Westenglandhttps://www.blogger.com/profile/01044799705613669714noreply@blogger.com