On Monday I was meant to start a trial. Unfortunately the trial was listed before a Judge who was part heard until Tuesday. Courtrooms and trials are a little like runways and airplanes that are coming in to land – two into one just doesn’t go.
So we were given a new Judge to start before on Tuesday morning. As it turned out it was Tuesday afternoon as our new Judge also had other cases to deal with.
This delay is not what this blog is about. But it is important background information. This blog is about Thursday.
On Thursday I had a PTPH which was very likely to be a guilty plea. That PTPH was listed in the same court building as my trial. It was likely that once the plea had been entered there could be a stand down report and the defendant could have been sentenced there and then.
The problem was that my jury was not going to be going out until the Friday. The trial took almost exactly three days from opening speech to the jury retiring. Had I even got underway at some point on the Monday I would have been free for my PTPH.
My clerks and I thought it was a good idea to ask for the PTPH to be moved. Our first port of call was asking for consent from the CPS locally. In this instance it is only polite to ask because we all know it is also pointless. They never agree.
So we sent a written request to the Court. We thought it polite to ask them. Yet it is also almost as pointless. This Court does not agree either. Even when the reason I cannot do the PTPH is because their listing has caused me the difficulty. All I was asking for was that it be moved from Thursday to the following Monday or Tuesday.
The Court were prepared to list it at 945. And frankly I took a huge risk and did the case because I was so hacked off that the Court had refused to move it that I was quite prepared to stand my ground when it all went wrong, which, of course, it did. Client arrived at 10 and the case was called on at 1020 with the only thing that saved me from being in a trial and a sentence at the same time was the fact that the lower court had totally cocked up an associated committal for sentence.
So what are the consequences of intransigent listing policy from both a CPS branch and a Court? Firstly they are financial. The trial that did not get into Court on Monday had already been adjourned through lack of court time previously. So, as I was prosecuting, that equates to one previous mention fee, then a mention fee on the Monday the case wasn’t reached and then a free day on the Wednesday as that was the second day of the trial.
When the case had previously been adjourned it had been refixed in a slot in my diary. The Court did not like that date so it was relisted and forced in. The nature of the case was such that I had to stick with it so I returned another trial that was listed that Monday. And, as inevitably happens, as I sat around the robing room whilst I had no prospect of getting on, my other trial cracked.
And, as is also nearly always the way, because my jury only went out on the Friday I had to miss another PTPH in another court centre on the Friday. That was a tad embarrassing because that Court had been accommodating and reasonable and had previously moved my PTPH to a date when I thought I could do it. So someone else had to go along (an appearance which comes out of the fixed fee) and I had to pen an apology. I also had to draft the documents required for the PTPH I was absent from and fill in the form.
The second consequence is that I ended up almost letting down one solicitor and actually letting down another. I think some Judges believe that work still grows on trees. It does not. Not these days, not in this market. Not being there for things like PTPHs is the sort of thing that can stop solicitors using you, no matter how good they think you are at the job. Gone are the days when I went to court with a fist full of PCMHs.
The final consequence is that it erodes a little bit more of the goodwill. I know that the CPS will not consent to moving cases of this nature. It is making us all a little less inclined to help when they need it. I know that the Court will not move such cases, even when my non-availability is also their fault. And that makes me more prone to take risks with listings, more likely to keep courts waiting and less likely to add oil to the wheels of the system.
I have known that the Bar are at the bottom of the pile for a very long time. Our availability should take second place to the efficient running of the judicial system and things like the needs of vulnerable witnesses. But the efficient running of the system would also, from time to time, benefit from throwing us a bone or two.
Better case management might benefit from a tiny little bit of sensible management of the players involved.