The Monday Mess (Not the Monday Message)

 

Rumours are circulating that Solicitors organisations are about to set up a panel to properly address failures in case management by the  Magistrates Courts and Crown Prosecution Service.

Following a successful pilot Court representatives and Crown Prosecution Lawyers will be summonsed to attend a Panel made up of  solicitors which will sit at one of the closed Magistrates Courts which HMCTS have been unable to sell off.

The emphasis is likely to be on those cases where progress outside hearings was impossible due to a failure by either the Court or the Crown to answer phone calls or respond to emails hence leading directly to a delay in resolving the case hence causing  unnecessary public costs.

Wasted costs, and costs out of central funds are likely to be considered with aggravated compensation also being considered for those solicitors most inconvenienced by the aforementioned breaches.

Chairman of the LFUSA (London Fed Up Solicitors Association) Jim Block said “it is a great shame that it has come to this, but we have no choice”

It is likely that those appearing before such a panel will be entitled to free representation.

If successful this is likely to be extended to the Crown Court where the Senior Judge of a particular court could be summonsed to explain why any trial listed has not been effective. So as not to affect court sitting time these hearings will take place at 8am at a venue to be notified. Physical attendance will be required.  No accommodation will be made for family convenience or childcare etc. Chas Hanley of the Capable  Bar Association was not available for comment.  This may be because he is about to start working for Radio one on  a  Revival of “Our tune” after an anonymous barrister forwarded his most recent Monday Messages to the Head of Programming at the BBC. The first story remains under wraps but the song is “Money’s too tight to mention”

Meanwhile  the HMCTS digital programme has faced further controversy when one senior judge mistakenly screened the trial he was presiding over live  on Facebook, whilst another in a rebellious gesture against the digital initiative was caught taking  20 lever arch files of prosecution papers into court before the court sat.

The Sentencing Guidelines Council are reviewing Credit allowed on Guilty pleas. Credit will only be allowed if the offender admits the offences during it’s commission. Academics are in dispute as to what will qualify but it is agreed that a 999 call from said offender during the crime may meet the criteria. Admissions after interview and certainly after any disclosure are unlikely to attract any credit following the approval of the well established pillar of our criminal Justice system “he or she knows whether they did it”

The Criminal Procedure Rules Committee have been asked to approve rule changes to introduce far greater sanctions for noncompliance with rules. A consultation is being launched about introducing primary legislation which makes non compliance with the Criminal Procedure Rules a criminal offence punishable by a range of sentences including custody, community service and an  indeterminate period of serving the committee itself.

 

Finally the Ministry of Justice and Transport Department have denied rumours of a white paper that as courts are shut, and  sold off, delayed and broken trains will be used as court rooms. Commentators have stated that Chris Grayling is keen to pigeon hole all of his disasters so he can make a fresh start. He is hoping for a call from overseas to help oversee the building of a wall although it is not clear which side of it he will be on once completed.

 

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