Well, it's been a while!
Since I last talked to myself, there has been many a tale in the criminal defence world that I can't be arsed to remember.
The latest is the Sunday court pilot. The latest Blue Sky thinking from government is that it would be a jolly jape to open courts on a Sunday. Marvellous.
This all stems from the riots last year. The courts worked 24 hours to process alleged offenders, and according to government, this worked terribly well. Apart from all the appeals.
It was such an apparent success that someone decided that we should all be working more antisocial hours. Because it was For The Public Good.
The plan (formally anyway) is that courts should open on a Sunday for remands only, just as they do on a Saturday.
Remand courts can't do much. All they can do is determine bail and take pleas. If pre sentence reports are needed, they can't be done. In all likelihood, they can't set a trial (it's unlikely that the CPS will have a witness calendar on a Sunday) They really only exist to stop people being held in a police cell for longer than they have to be.
Our worry is that if we allow this pilot to happen, then it's a slippery slope. Next on the agenda is Saturday trials, evening courts till 8pm..... Would YOU want to give evidence at a trial at 8pm, on a Sunday? My guess is no. People see it as something to be done during the week, a job to be done. Not to interfere with family time, free time.
Criminal defence solicitors already do a 5 day week interspersed with police station work during the night, and Saturday remand courts. We are NOT happy that the one day we aren't at work, and if we're not already on call, that now we have to trip trap to court again. We have families and friends we'd like to see. Personally, Sundays are the only full day I have with my boys - Saturdays are dad days. I will not work and miss that day. It's important to my whole family.
We all work hard. The court staff work hard. So do the CPS, the Probation Service, and the security staff. No-one wants to work until 8-9pm or at the weekends. The defence solicitors predominantly come from small firms of 1-4 duty solicitors. Trying to juggle 24 hour working is hard enough without adding this.
15 years ago, when I first started this job, the courts were far far busier. A day on court duty meant seeing between 10 and 15 clients. Today? On a good day, 3. On a bad day, I get to read a lot. Out of court disposals have meant a huge decline in people having to attend court. Then, i could have understood a need to open courts in the evenings and at weekends. Now? Simply not the need.
We have half the courts we had 15 years ago - the rural ones have been shut. The courts that are still open are at half capacity, but with half the staff. We. Just. Don't. Need. Weekend. Courts.
So far, firms have had to make expressions of interest to be on the duty solicitor rota for Sundays.
So far, in my area, NO-ONE has made an expression of interest. (officially anyway - i'm quite sure some are rubbing their hands with glee at the thought of being the only firm participating)
So far.
At some point, irrespective of our views or participation, the pilot will be declared A SUCCESS, and rolled out countrywide and extended. It will happen regardless of anyone's views because this is a political decision that has already been made. It's not a decision borne of necessity. It's Efficiency, Convenience, and For The People.
Say No To Sundays.
Before I have to revert to religion and claim religious discrimination. And I really don't want to have to do that.
