Visit to the Cambridge Magistrates’ Court Tuesday 14 February 2023

Four of us (Alex, Anne, Brian and Yvonne) decided to visit the Magistrates’ Court as we wished to observe how a Magistrates’ Court should be run (as opposed to the fake magistrates’ court which the council run to railroad people into paying their council taxes – read Paula and Colin’s account in Common Law Talk, Saturday 11 February).

First of all here is the layout of the court (this is an example, very similar to what we experienced):

 

 

We were able to enter the court without any issues. Everyone in the court was courteous and we felt at ease (interestingly, Paula and Colin’s experience was quite the opposite).

It was obvious right from the start that this was a criminal court and not one for civil matters as the cases we observed were concerned with theft and some moderate violence. The particular cases viewed that day appeared to be dealing with detainees who were suffering from mental health issues and who were in straightened circumstances.

While not wishing to dwell upon the cases we viewed, I felt that the magistrates dealt with the two cases, one female, one male detainee, with compassion tempered with stern authority. In both cases the detainees were given a last chance to prove that they could change their wayward paths. The system observed here seemed fair and as I would hope and expect a court to behave. The defendants’ lawyer and the prosecutor both set their cases before the three magistrates who attentively listened to all the evidence. The magistrates then asked pertinent questions and questioned the detainees before making a decision.

Having had this experience at the Magistrates’ Court, I wanted to see how this experience tallies with what we are meant to expect in a court situation. So below is my checklist.

 

Role of the judge/Magistrates 

Judges must be aware of the:

 

feelings and difficulties experienced by litigants in person and be ready and able to help them; YES

Maintain patience and an even‐handed approach; YES

Remain understanding so far as possible as to what might lie behind litigant’s behaviour.  YES

Ensure that they leave the hearing appreciating exactly what is required of them; YES

Involve them in the process of giving those directions (e.g. asking them how much time they need to take a particular step and why) so that they realise that the directions relate to the conduct of their own case; YES

Explain fully the precise meaning of any particular direction or court order. YES

 

Producing documents

Judges/Court Clerk should:

Warn in advance to disclose relevant documents to the other side and to bring the originals to the hearing. ALL RELEVANT Docs were shared.

 

Now return to Paula and Colin’s visit to the Council Tax hearing and see if you can check the above list!!

Yvonne