Tuesday, 4 June 2024

Reflections - the sequel...pt 2

As for cases, I was empanelled on the first day (April 8th) for a trial described by the judge as 'a punch up' (affray) and potentially going into the third week, as there were five defendants. As soon as being sworn in we were told to report the next day at 11:00, but when we did, we were told there was a delay. When we finally got into court at about 12:00, the judge explained there wouldn't be a trial after all. Aha, thought I, they've copped to it or to a lesser charge. And indeed, that was what transpired; each one stood up and had the charge read (the first one pleading guilty to it, prompting panicked gesticulation from his startled defence and the judge kindly suggesting he 'have another go at that, eh?', whereupon he pleaded 'not guilty, but guilty to section 4' as did the other four in turn). The judge then turned to us and said we deserved an explanation - it transpired the offence dated back to 2018, and one of the assaulted bouncers at the nightclub in question had turned out to be on false ID papers and had since disappeared so the CPS weren't going to proceed with the more serious charge. We were thanked for our service and then sent back to the pool. 

Then a potentially eight week trial came up straight away, and we were all given a form to indicate if we had any booked holiday or medical appointments, or any other reason we couldn't serve. Followed by another huge list of names of the defendants (another group of five, conspiracy to rob) and all the witnesses, addresses, etc to note if we recognised any names. We were then taken in to be selected, those who said they could and those who said they couldn't, as exusing someone is left up to the judge's discretion. The two teachers I'd been speaking to had both indicated their school couldn't lose them for that long. Those forms were passed to the judge, who then called up each person in turn to discuss the reason given. It would have helped if the usher had had the wit to seperate us out into two groups and placed the ones needing to explain in front, but no, that was clearly beyond them, so much shuffling about was needed in the cramped rows... 

After immediately excusing some, asking others to bring evidence (of medical appointment letters or holiday bookings) the next day, or - in the case of the two teachers, an email from their headteacher - we were sent home. The next day, back in court, again not arranged so that those needing to be excused were in front, they were questioned again, some excused, some not (one of the teachers wasn't because she taught very young classes unlike the other who was excused, but in the end she wasn't picked for this trial anyway) and then jury selection could finally begin. I was picked for this one. 

We were then told the trial wouldn't start until Monday (this was Thursday!) so we were sent home, and I could go into work the next day. 

Then came Monday and the trial start, and here at last some signs of modernisation - each set of twin desks in the jury box boasted a flat screen monitor as CCTV evidence was to be produced. 

Unfortunately, on Wednesday, half the similar units on the counsel benches failed, and we were sent home at 11:00 for the day, as they couldn't be fixed by the in-house staff and an offsite firm would have to be called. I began to see why it had been suggested this case would take eight weeks! Later, on the Thursday morning I think it was, our screens wouldn't come on, but we were only sent out for about 40 minutes and when back inside, the judge advised the court clerk had resolved the situation by turning the whole shebang off and on again! 

It was noticeable that through the long recounting of CCTV and cell site evidence, the security guards in the dock often closed their eyes and looked asleep. I'm sure that they'd have sprung into action if any of them had decided to kick off, though. 😏 

The trial dragged on and on, we went over the same video and glossy expensively-produced books of stills evidence (containing many spelling mistakes and inaccuracies!) at least three times, first introduced by the prosecution, then again with the police replying 'Yes that's right' to questions asked, and then with the cell site expert doing the same. Rarely did any of the defence butt in except to further drop one of the other defendants right in it! 

We were also sent home early several times, missing court days because of defence counsel and defendant illness. We were almost always told by the judge to return the next day for 10 (apart from one day when other court business meant we were asked to come in for 10:30) yet we usually weren't collected by the usher until 10:30, and then quite often waited in the jury retiring room for well over 20 minutes before finally going into court. 

3 comments:

  1. This is from North Britain. I have been told this by someone who knew. Their legal lordships are collected by a proper driver in a proper car in the morning before a case in order of seniority - lowest first pick-up, and highest, and therefore the least incommoded, last. Even if the lowest lives next door to the high heid yin with intermediate ones spread around the countryside.

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  2. This sounds wearily familiar. I was empanelled on a number of cases but only completed and rendered a verdict on one. All the others floundered - some almost immediately - usually due to incompetent preparation by the police or CPS (missing statements, procedural cock-ups, etc).

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  3. "Their legal lordships are collected by a proper driver in a proper car in the morning before a case in order of seniority - lowest first pick-up, and highest, and therefore the least incommoded, last."

    Good grief!

    "This sounds wearily familiar. I was empanelled on a number of cases but only completed and rendered a verdict on one."

    Last time, it was two completed within the allotted two weeks. This stint, two both wasted (admittedly, the first one understandably so).

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