Court Workers and Users Feeling the Heat at Westminster Magistrates' Court

Concerns have been raised about the stifling heat at Westminster Magistrates' Court, although trust me that this isn't exclusively a Westminster problem!

According to a report in the Evening Standard, a CPS prosecutor was taken ill yesterday after a morning of unbearable heat. The paper also reports that an ambulance was recently called for a defendant who collapsed in the dock, although it has not been confirmed that heat was the cause.

Courtroom temperatures of 33 degrees Celsius have led to lawyers threatening a walk out next Monday if nothing is done to cool the situation.

Andrew Lloyd, of the Public and Commercial Services (PCS) union, likened the "appalling conditions" inside the court to "working in a greenhouse".

He said: "We've raised our concerns with management, but staff morale is already low - management has a duty of care to staff keeping our courts running and should have contingencies in place in case there are failures in the air conditioning units."

Portable air conditioning units have previously been deployed in courtrooms, but these are currently banned due to concerns that recirculated air could spread coronavirus.

A source told the Evening Standard the glass-fronted design of the building, which opened in 2011, means court users are regularly forced to cope with soaring temperatures.

"We have had weeks of hell", they said.

"It's like a glass box, it's always too hot, and the air con is not working.

"You can't have a situation where people are working in 33 degree heat."

In 2017 a defendant at Westminster Magistrates' Court, Rafal Sochacki, collapsed and died after spending 5 hours in a cell on one of the hottest days of the year.

An inquest ruled that his death was likely to be due to excessive heat, which was exacerbated by a failure of the air conditioning system.

A Ministry of Justice spokesperson said that the current problems, first reported on Monday, have now been resolved.

"The air conditioning is fixed and water has always been available to those attending court," they said.

Meanwhile, in less salubrious surroundings elsewhere on the HMCTS estate, we can only dream of air conditioning units or even conventional fans.

Conditions were such earlier this week that jackets were removed, collars unbuttoned and doors propped open to ensure an adequate flow of air around the courtroom.

I could see the usher slowly melting away as she desperately wafted herself with the court list.

Magistrates' Courts Feel the Pinch During Pingdemic

The Magistrates Association has warned that courtrooms across England and Wales are being closed due to an increase in staff and judiciary being "pinged" by the NHS covid app.

Tom Franklin, the recently installed chief executive of the Association, told the i newspaper: "There have certainly been courts closed in some places because legal advisers have been 'pinged' and there aren't any spare to stand in as everyone is working at full stretch.

"We anticipate that if the current trend continues in the next few weeks there will be more court closures as a result of insufficient court personnel."

Mr Franklin highlighted the case of a particular Magistrates Association member, whose court had run into difficulties because a number of probation officers were self-isolating. The problem was further exacerbated by an increased number of lay Justices deciding they didn't feel safe enough to sit in court.

Mr Franklin said that the current staffing problems were part of a much wider picture, with England and Wales currently experiencing a short-fall of lay Justices and those trained to perform certain roles. He cited London as being particularly short of Presiding Justices and those on the Family Panel.

"There is absolutely no slack in the system - working with minimal staff and Magistrates just doesn't provide a sufficiently robust system to get over these problems without impact on the service we provide. The Magistrates Association estimates that more than 3,000 more volunteer Magistrates are needed to run the courts efficiently."

Her Majesty's Courts and Tribunals Service (HMCTS) denied that the NHS covid app was having a significant impact on the delivery of justice.

As I have mentioned previously, the number of courts in my own area was significantly reduced at the height of the coronavirus pandemic. In the last couple of months the workload has returned to about the same as before.

I am aware of colleagues who do not yet feel confident enough to return to court, but there are many more, like myself, who are prepared to pick up the slack.

Poplar and Limehouse MP on Trial for Dishonesty

The trial of a London MP accused of fraudulently obtaining social housing got underway today.

Apsana Begum was elected MP for Poplar and Limehouse at the 2019 General Election.

The 30-year-old Labour politician denies three offences under section 1 of the Fraud Act 2006 - namely that she dishonestly failed to disclose information she was legally obliged to with the intention to make gains for herself.

The charges are in relation to a council housing application made to Tower Hamlets Council. The Council puts the cost of the alleged fraud at £63,928, because someone else making a claim had to be housed elsewhere.

Prosecutor James Marsland told the court that Begum had applied to go on Tower Hamlets Council's social housing register on 22nd July 2011 because she was living in "overcrowded accommodation" with her family - a circumstance which he said changed at three points.

Mr Marsland said: "Over three distinct periods of time, Ms Begum deliberately and dishonestly did not inform the London Borough of Tower Hamlets Housing Options of significant changes in her circumstances... in order to gain a social housing tenancy."

Mr Marsland outlined the Crown's case, that Begum had dishonestly stated that she lived in a three bedroom property, which in fact had four bedrooms.

He also said that Begum had lived in a completely different property for a period in excess of two years, but failed to notify the Council.

During the time of the alleged offences, Begum had worked as a social housing advisor with Tower Hamlet Homes.

According to Mr Marsland, the role gave her a "good understanding of the social housing system and how it operates".

Denying all three offences at her earlier Magistrates' Court hearing, Begum said she "vigorously contests these malicious and false allegations".

Mrs Justice Whipple is presiding over the trial, which is expected to last about a week.

New Magistrates Sought for Essex and Cambridgeshire

The Essex and Cambridgeshire Advisory Committee is seeking to appoint new Justices to the Cambridgeshire, North Essex and South Essex Benches.

Around 46 new Justices are sought to sit in the adult criminal court in Cambridgeshire. Anyone appointed will be expected to sit at courthouses in Cambridge, Huntingdon and Peterborough.

A total of 70 new Justices are sought to sit in the adult criminal court in Essex. Anyone appointed will be expected to sit at courthouses in Basildon, Chelmsford, Colchester and Southend.

Further details about the application and selection process can be found on our Becoming a Magistrate page.

The application form and associated guidance notes can be downloaded from the Gov.uk website.

For Cambridgeshire applicants, the Advisory Committee invites applications via the new online system. This will not go "live" until 19th July 2021, when applications open for the 2021/22 intake. Cambridgeshire applications will close on 18th September 2021.

For Essex applicants, the Advisory Committee would prefer that the completed application form is returned by email to: South-East-Advisory@justice.gov.uk. Essex applications are being accepted on a rolling basis.

Applicants are reminded of the need to observe at least two Magistrates' Court sessions, involving a bench of Magistrates, prior to the submission of their application. A minimum of three observations is preferred.

Those shortlisted and invited for interview will be expected to demonstrate a good knowledge and understanding of social issues in the local area in which they wish to serve, in particular the causes and effects of crime. This would typically be gained by living or working there.

It is only fair to warn applicants that the process is quite time-consuming - between 12 and 18 months from application to appointment seems to be about the norm at the moment. Sometimes there are several weeks between the different stages and communication during that time can be patchy to say the least!

Best of luck to those applying.

Prolific Wrexham Shop Thief Rejects Chance to Avoid Custody

A prolific Wrexham shop thief has rejected the chance he was given to avoid custody.

Kevin Arron Crocombe, 40, of Llys Penuel in Rhosllanerchrugog, admitted three charges of theft when he appeared at Mold Magistrates' Court on Thursday, 8th July 2021.

Magistrates heard that Crocombe, who was handed a suspended sentence for like offences just a few weeks earlier, repeatedly targeted the Ruabon Park Service Station in Ruabon.

On 7th May he entered the shop and left with £20 worth of baby milk without offering payment; on 21st June he walked out with £228 worth of energy bars; and on 5th July he took £120 worth of toiletries.

The offences put Crocombe in breach of the suspended sentence order for the second time. On the first occasion, Magistrates' decided against activating the sentence and imposed a community order instead. On this occasion the bench took a very different point of view.

Rhian Jackson, prosecuting, told the court that Crocombe had 30 convictions for 69 offences, the majority of which were theft and kindred offences. She added that none of the goods stolen from the service station had been recovered.

Wendy Shurrock, defending, told the court: "This defendant does apologise. "For many years he has struggled with heroin, which has resulted in many offences.

"The reason why the suspended sentence was not activated previously is that probation felt he was doing well.

"Largely as I understand it, probation would say he is still doing well in relation to his appointments and not taking heroin.

"On one hand this is a defendant trying hard to take advantage of what is being offered to him.

"Unfortunately having stopped heroin, he's struggling with cocaine and these offences relate to cocaine."

Activating the suspended sentence in full, Andrew Stubbs, Presiding Justice, told Crocombe: "This court gave you an opportunity and gave you a community order.

"Clearly you've learned nothing from the chances you have been given."

Crocombe was also sentenced to 6 weeks' custody concurrent for each of the three theft offences, but to be served consecutively to the suspended sentence, giving a total custodial sentence of 26 weeks.

He was ordered to pay £128 in compensation, but no order was made for costs or victim surcharge. 

Custody Officer Punched As Weymouth Man Jailed

A custody officer was punched in the face by a Weymouth man who had just been jailed by Magistrates.

The incident happened in Weymouth Magistrates' Court, courtroom 2 late in the morning session on Friday, 2nd July 2021.

Shane Douglas Breccini, 40, of Charles Street, Weymouth, had just been jailed for 8 weeks by the town's Magistrates when he launched the unprovoked attack on the officer stood alongside him in the secure dock.

Breccini had been before the court for breaching the conditions of a community order, which had been imposed as a result of his earlier conviction for racially-aggravated threatening behaviour.

The court had decided to resentence Breccini after hearing that he had failed to keep telephone appointments with the Probation Service.

A spokesman for Dorset Police said: "We received a report at around 12.15pm on Frida, 2nd July that a custody officer had been assaulted at Weymouth Magistrates' Court.

"It was reported that the victim had been punched to the head and suffered cuts and bruises.

"He was treated by the ambulance service.

"Officers attended and are continuing to carry out enquiries into the incident.

"A 40-year-old Weymouth man is assisting officers with their enquiries."

Serco is the Ministry of Justice contractor responsible for Prisoner Escort and Custody Services (PECS) in the South of England.

Chris Hodkinson, Serco's PECS contract director, said: "One of our officers was assaulted in court in an unprovoked attack and has gone to hospital to be checked.

"We take a great deal of care to look after our staff, they do a great job frequently under difficult circumstances and we take any assault on our employees extremely seriously.

"We are working to support the police in a potential prosecution."

Incidents like this are fortunately very rare. The officer in question was simply doing their job, in accordance with the law and as directed by the court.

I wish them a speedy and complete recovery and hope the incident doesn't have a long-term impact on their state of mind or desire to do the job.