If we do not maintain justice, justice will not maintain us

Posted: 21/02/2013 in Barrister, Civil Rights, Legal aid, Magistrates, Police

So says Francis Bacon

No says the Officer in the Case.

The Officer in the Case is the person in charge of the investigation of a crime in England and Wales. Their duty, in law, is to investigate all reasonable lines of inquiry which may go to a Defendant’s guilt or indeed their innocence.

“Did you Detective follow all reasonable lines of inquiry in this case?”

“Yes.”

I then asked between 25 and 30 questions. Each was an obvious line of inquiry.

“Did you follow X line of inquiry”

No says the Officer in the Case.

“Did you follow Y line of inquiry.”

No says the Officer in the Case.

At my 29th question, Counsel for the Crown had his head in his hands. And the jury were shaking their heads.

“I shall ask again Officer, did you, considering my questions, follow all reasonable lines of inquiry in this case?”

“Yes.”

The case was promptly dismissed for want of evidence. Counsel for the Crown simply shook his head.

If you go down to the Court today you’re in for a big surprise

In localshire Magistrates’ Court, in Court 1 they’re prosecuting 47 people for TV license matters. In Court 2, they’re prosecuting 20 people who have children who refuse to go to school and in Court 3 they’re prosecuting a man for strangling his wife.

Despite the fact he strangled her (and strangulation is a risk sign for escalation of violence), he is being prosecuted for battery. A Crown Court trial is too expensive because his wife might not co-operate.

In Court 4, they’re prosecuting a man for stabbing someone with a glass outside a pub, it’s been charged as battery. A Crown Court trial is too expensive and while a jury might not believe the witnesses (they were all drunk) they should be able to get it home with a Bench of Magistrates.

Unfortunately in Court 4 the trial can’t get up and running. Nobody remembered to book a Barrister. The CPS don’t really prosecute themselves in Localshire Magistrates’ Court anymore as it costs too much to get the staff there. The Defence Counsel sighs, they can’t have a trial anyway, despite four listings, the disclosure they require hasn’t been forthcoming.

Everything by now has come to a grinding halt in Court 2. The Legal Advisor in Court has noticed a large legal issue with one of the prosecutions. The problem is the Defendant was deemed not to be entitled to legal aid and has no lawyer. The lawyer for the Local Authority is baffled, they are usually a litigator in the office, they don’t usually go to Court. Now they have to, the Chief Executive slashed the Counsel budget overnight.

Back in Court 1, the fourth Defendant explains how he can’t afford the TV fee as he lost his job as a supervisor at Localshire Inc. Of the 47 people facing the charge at least 10 will say similar.

In a back office, with formica furniture, the Justices’ Clerk is trying to compose an email to the rest of the Legal Advisors in the area. Her desk is covered with the diktats of the Ministry of Justice and competing guidance from the Justices’ Clerk Society. Her email pings with another crimeline updating with another High Court case about something going wrong in the Magistrates.

She tries to think how to draft the email. The local defence lawyers are having cases stayed for an abuse of process. The CPS are simply not serving things. The CPS are blaming the police. The police are blaming the CPS. Witnesses just don’t turn up to trials, nobody tells them there is a trial. She writes, ‘abuse of process cannot be used to discipline the CPS’, she doesn’t know what else they can do.

She puts disclosure on the ‘Court User Group’ agenda again.

Affirmation – Judicial

“I, ____________ , do solemnly sincerely and truly declare and affirm that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ____________ , and I will do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill will.”

Best of luck chap,

FTD

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Comments
  1. A Watson says:

    People turn up to truancy cases? I used to do them as a trainee many years ago and think I had 1 appearance by the defendant ever.

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