Thursday, February 16, 2012

Irony? What Irony?



It is reported that Sun journalists, who are disturbed at their colleagues being turned in to the police over hacking bribery and whatnot may have recourse to the European Court of Human Rights for protection. The Independent's graphic says it all:

Wednesday, February 15, 2012

Something Had To Give

A colleague has helpfully sent me this statement from HMCTS about the ongoing problems with interpreter services:

"We are aware of the problems that have occurred with the new contract and are monitoring things very carefully. We have agreed a number of actions that need to be taken with the contractor but we have accepted that whilst this action will help improve performance we expect it to take some time to reach an acceptable level. As a result we have decided that HMCTS must take urgent action to mitigate the number of hearings that are failing as a result of the contractor’s difficulties with sourcing interpreters at short notice. With immediate effect HMCTS will revert to the previous arrangements for all bookings due within 24 hours at the magistrates’ courts. Magistrates’ courts bookings should be made direct with the interpreter under the terms of the national agreement. It has also been decided that we will revert to previous arrangements for urgent bookings required for bail applications, deports and fast track applications in the First Tier Tribunal Immigration and Asylum and urgent bookings in the Asylum Support Tribunal. Discussion with the contractor indicates that reducing these urgent bookings should allow a significant increase in the contractors ability to meet other demand. We will be constantly reviewing performance over that period and these arrangements will remain in place until we are clear that the contractor is able to meet demand (and at least 24 February). It remains the firm HMCTS intention to move all business to the contract. Initial management information suggests that despite the problems we have experienced in some languages, the primary problem seem to be matching interpreters to jobs rather than insufficient supply (in essence if we can get the booking system to work better we should get a significantly improved service). We understand that some staff and judiciary have sympathy with existing interpreters. We must however do all we can to encourage sign up to the new arrangements – the new contract has the potential to bring significant benefits to both interpreters and the Justice System as a whole. Many of the interpreters signed up to the new arrangements are those that were previously serving the courts and tribunals, and more continue to move across.


Most people I have spoken to think that the contractor has bitten off more than it can chew.

Sunday, February 12, 2012

Biter is Bitten

I have previously commented on the malign influence that The Sun has had on criminal justice. The paper has followed a consistent populist agenda in which all judges are out of touch, all sentences are 'soft' and the length of every prison sentence is preceded by the word 'just'. At one time the Blair government danced to the Sun/Murdoch tune with the happy acquiescence of Blunkett, Straw and the others. The campaign to 'cage the killer drivers' resulted in the introduction of the offence of Causing Death by Careless Driving, the only offence that I can think of in which no intent or recklessness is necessary to attract a prison sentence of up to five years; simple human error is enough.

In a delicious irony, numerous Sun employees now find themselves on the receiving end of the justice system. Let's see how they like it.

It is another Sun policy to sneer at lawyers who act for unpleasant criminals, accusing them of caring more for money than for justice. You can be quite sure that the Sun arrestees will be represented by the finest silk-clad legal talent that money can buy.

Plate sin with gold, and the strong lance of justice hurtless breaks. Arm it in rags, a pygmy's straw doth pierce it
as the old West Midlands genius put it.

Saturday, February 11, 2012

Disappointment

My heart gave a little leap the other day when I saw an email from 'e.windsor' - at last, I thought, my knighthood is on its way.

My elation was cut short when I realised that Mr. Windsor is a Bench Chairman, who was writing on a committee matter.

Some other time, perhaps.

Ruined (2)

Here is another personal and professional disaster as described in a Judge's sentencing remarks.

The criminality of this man's behaviour deserves no excuse, and the judge found none. On a personal note, however, this barrister must have gone through purgatory over many months or years as his world crumbled about him, being, as he was, expert in the criminal law.

Tuesday, February 07, 2012

Déjà Vu (no 147)

I have seen it scores of times, but it never fails to leave me feeling sad. A scruffy young man is in the dock, charged with a serious offence that is likely to end up with something like eighteen months from Hizonner in the (likely) event of his conviction. In the gallery is a young woman, carefully dressed and made up, her hair styled and coloured to complement her fresh young face. Her eyes are intently fixed on her unlovely paramour as we hear a bail application on his behalf. The solicitor refers to the young woman as a stabilising factor in his life, saying that he feels responsible for providing for their five month-old child. The bail application is hopeless and we remand him in custody pending committal to the Crown Court. As I announce our decision, ending with the usual "go with the officers, please" she pauses as the news sinks in, then bursts into a noisy series of sobs, lurches to her feet, and makes her way out of the courtroom. She is alone of course, without the comfort of friends or family. She will have to get on with bringing up their baby while fitting in pathetic sad visits to lover boy in the Scrubs.
By the way - just one thing I didn't mention - she is nine weeks pregnant.

As a grandfather who is privileged to see his own grandchildren loved and nurtured, it is horrible to see this mess. As a realist, it is even more depressing to realise that the (so far) two children involved are statistically likely to grow up as hopeless and lost as their parents.

Friday, February 03, 2012

Hell Hath No Fury........

The resignation of a Cabinet Minister today is another repetition of a truth that has been known for many centuries: if you trade in your partner for someone younger or more attractive, just make sure that your cupboard is quite devoid of skeletons.
The Greeks (and above all Shakespeare) would recognise this situation without the slightest surprise.

I have nothing to say about the case, as we can leave the last word to a jury.

Heads Up

You heard it here first - there is going to be real trouble over the new arrangements for interpreter services to the courts. Professional interpreters are an essential resource to ensure justice and to keep court business flowing. Furthermore they are a requirement of the Human Rights Act.

I hear on the grapevine that the new (for-profit) provider of these services is offering vastly inferior rates of pay and expenses, and the existing cadre of approved and registered interpreters are mightily unhappy.

I am not an expert in this field, but I am told that there is some real grief ahead.

Wednesday, February 01, 2012

From The Temple -A (Nearly) Barrister Writes

Defence lawyer meets with his client. 'The blood tests have come back and we have good news and bad news.' 'So, what's the bad news?' asks the defendant. 'Your DNA matches the blood found on the victim, the murder weapon, and the getaway car.' 'What's the good news?' asks the defendant. The lawyer replies, 'Your cholesterol is down to 120'.

Tuesday, January 31, 2012

Sorry

Look, I know it's been a bit quiet about here but I do have an excuse. Many courts, mine included, have just gone through the biggest shake-up in over a century, and as one of the people trying to make it work, I have spent many hours slaving over a hot email. On the whole things have gone pretty well. Magistrates tend to be cheerful and collaborative souls, and we all want to make the new system work as well as we can. It is no use whingeing about the lack of financial resources, because the whole public service is subject to cuts, and most of us think that it is right for us just to get on with it.
I have managed a couple of sittings recently (one of them a weekend short-notice callout for a remand) but I have dealt with very little real business. We saw a complex benefit fraud case, but the defendant entered a late guilty plea, so all that we had to do was send it to Hizonner up the road (well, it was systematic fraud over some years, resulting in a loss of more them £50,000 to the public purse). The decision was straightforward, but twenty minutes' court time cost me a full half day of travelling and out-the-back time.
I am back in a 'proper' court tomorrow, so if the business permits, I might have a tale or two to tell before the weekend.